title: Council Decision 2014/219/CFSP of 15 April 2014 on the European Union CSDP mission in Mali (EUCAP Sahel Mali)

text:
               16.4.2014

               EN

               Official Journal of the European Union

               L 113/21

         COUNCIL DECISION 2014/219/CFSP
   of 15 April 2014
   on the European Union CSDP mission in Mali (EUCAP Sahel Mali)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and in particular Article 28, Article 42(4) and Article 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 21 March 2011, the Council welcomed the European Union Strategy for Security and Development in the Sahel region (the ‘EU Sahel Strategy’), underlining that the Union has a longstanding interest in reducing insecurity and improving development in the Sahel region.

               (2)

               On 16 July 2012, by Decision 2012/392/CFSP (1), the Council launched the common security and defence policy (CSDP) mission EUCAP Sahel Niger, which assists in training and advising internal security forces in Niger and reinforces regional coordination with Mali and Mauritania in the security field.

               (3)

               On 23 July 2012, the Council stated that it was alarmed at the deteriorating situation in Mali and its adverse impact on regional and international peace and stability. In order to continue implementation of the EU Sahel Strategy, the Council invited the High Representative of the Union for Foreign Affairs and Security Policy (HR) and the Commission to make specific proposals with a view to the swift implementation of all action relating to governance, security, development and conflict settlement envisaged in the EU Sahel Strategy for the north of Mali.

               (4)

               On 18 February 2013, by Decision 2013/87/CFSP (2), the Council launched a military training mission of the Malian armed forces (EUTM Mali) to provide advice and training for the Malian armed forces operating under the control of Mali's legitimate civilian authorities.

               (5)

               On 27 May 2013, the Council reiterated its readiness to discuss, particularly in the context of the CSDP, the options for urgent support for the Malian authorities in the area of internal security and justice, including the fight against terrorism and organised crime.

               (6)

               On 20 February 2014, the Republic of Mali sent a letter inviting the Union to deploy a Union civilian mission to support the Malian security forces.

               (7)

               On 17 March 2014, the Council approved the Crisis Management Concept for a possible CSDP action to support Mali's internal security forces.

               (8)

               EUCAP Sahel Mali will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty on European Union (TEU),

         HAS ADOPTED THIS DECISION:
   Article 1
   Mission
   The Union shall conduct a civilian mission in Mali (EUCAP Sahel Mali) in support of the Malian internal security forces (ISF) (police, gendarmerie, national guard).
   Article 2
   Objective and tasks
   1.   The objective of EUCAP Sahel Mali shall be to allow the Malian authorities to restore and maintain constitutional and democratic order and the conditions for lasting peace in Mali, and to restore and maintain State authority and legitimacy throughout the territory of Mali by means of an effective redeployment of its administration.
   2.   With the support of the Malian dynamic in restoring State authority, and in close coordination with other international actors, in particular MINUSMA, EUCAP Sahel Mali shall assist and advise the ISF in the implementation of the security reform set out by the new Government, with a view to:

               —

               improving their operational efficacy;

               —

               re-establishing their respective hierarchical chains;

               —

               reinforcing the role of judicial and administrative authorities with regard to the management and supervision of their missions; and

               —

               facilitating their redeployment to the north of the country.

         3.   To achieve its objective, EUCAP Sahel Mali shall operate in accordance with the strategic lines of operation defined in the Crisis Management Concept approved by the Council on 17 March 2014 and set out in the operational planning documents approved by the Council.
   Article 3
   Chain of command and structure
   1.   EUCAP Sahel Mali shall have a unified chain of command for crisis management operations.
   2.   EUCAP Sahel Mali shall have its Headquarters in Bamako.
   Article 4
   Planning and launch of EUCAP Sahel Mali
   1.   The mission shall be launched by a Council Decision on the date recommended by the Civilian Operation Commander of EUCAP Sahel Mali once it has reached its initial operating capability.
   2.   The tasks of the core party of EUCAP Mali shall be to prepare the installation of the mission in terms of logistics and infrastructure, open communication with Malian contacts, in particular the government and central authorities, in order to conduct exploratory assessments with them regarding the implementation of the mission objectives, start to outline the framework for cooperation and coordination with international partners, in particular MINUSMA, and provide the input needed to draw up the concept of operations (CONOPS), the operation plan (OPLAN) and the second budgetary impact statement.
   Article 5
   Civilian Operation Commander
   1.   The Director of the Civilian Planning and Conduct Capability (CPCC) of EUCAP Sahel Mali shall be the EUCAP Sahel Mali Civilian Operation Commander. The CPCC shall be at the disposal of the Civilian Operation Commander for the planning and conduct of EUCAP Sahel Mali.
   2.   The Civilian Operation Commander, under the political control and strategic direction of the Political and Security Committee (PSC) and overall authority of the HR, shall exercise command and control of EUCAP Sahel Mali.
   3.   The Civilian Operation Commander shall ensure, with regard to the conduct of operations, the proper and effective implementation of the Council's decisions as well as the PSC's decisions, including by issuing instructions as required to the Head of Mission and providing him with advice and technical support.
   4.   The Civilian Operation Commander shall report to the Council through the HR.
   5.   All seconded staff shall remain under the full command of the national authorities of the seconding State in accordance with national rules, the Union institution concerned, or the European External Action Service (EEAS). Those authorities shall transfer Operational Control of their staff to the Civilian Operation Commander.
   6.   The Civilian Operation Commander shall have overall responsibility for ensuring that the Union's duty of care is properly discharged.
   Article 6
   Head of Mission
   1.   The Head of Mission shall assume responsibility for, and exercise command and control of, EUCAP Sahel Mali at theatre level. The Head of Mission shall be directly responsible to the Civilian Operation Commander and shall act in accordance with the instructions given by him.
   2.   The Head of Mission shall be the representative of EUCAP Sahel Mali in its action area. The Head of Mission may delegate management tasks in staff and financial matters to staff members of EUCAP Sahel Mali, under his overall responsibility.
   3.   The Head of Mission shall exercise administrative and logistic responsibility for EUCAP Sahel Mali, including over assets, resources and information placed at the disposal of the mission.
   4.   The Head of Mission shall be responsible for disciplinary control over the staff. For seconded staff, disciplinary action shall be exercised by the national authority in accordance with national rules, by the Union institution concerned or by the EEAS.
   5.   The Head of Mission shall ensure appropriate visibility of EUCAP Sahel Mali.
   Article 7
   Political control and strategic direction
   1.   The PSC shall exercise, under the responsibility of the Council and the HR, political control and strategic direction of EUCAP Sahel Mali. The Council shall authorise the PSC to take the relevant decisions in accordance with the third paragraph of Article 38 TEU. That authorisation shall include, in particular, the powers to appoint a Head of Mission, upon a proposal of the HR, and to review the CONOPS and the OPLAN. The powers of decision with respect to the objectives and termination of EUCAP Sahel Mali shall remain vested in the Council.
   2.   The PSC shall report to the Council at regular intervals.
   3.   The PSC shall receive, on a regular basis and as required, reports by the Civilian Operation Commander and the Head of Mission on issues within their areas of responsibility.
   Article 8
   Staff
   1.   EUCAP Sahel Mali shall consist primarily of staff seconded by Member States, Union institutions or the EEAS. Each Member State, Union institution, and the EEAS shall bear the costs related to any of the staff seconded by it, including travel expenses to and from the place of deployment, salaries, medical coverage and allowances other than applicable daily allowances.
   2.   The Member State, Union institution, or the EEAS respectively shall be responsible for answering any claims linked to the secondment from or concerning the member of staff seconded, and for bringing any action against that person.
   3.   International and local staff may also be recruited on a contractual basis by EUCAP Sahel Mali if the functions required cannot be provided by personnel seconded by Member States. Exceptionally, in duly justified cases, where no qualified applicants from Member States are available, nationals from participating third States may be recruited on a contractual basis, as appropriate.
   4.   The conditions of employment and the rights and obligations of international and local staff shall be laid down in the contracts to be concluded between EUCAP Sahel Mali and the staff members concerned.
   Article 9
   Status of EUCAP Sahel Mali and its staff
   The status of EUCAP Sahel Mali and its staff, including where appropriate the privileges, immunities and further guarantees necessary for the completion and smooth functioning of EUCAP Sahel Mali, shall be the subject of an agreement concluded pursuant to Article 37 TEU and in accordance with the procedure laid down in Article 218 of the Treaty on the Functioning of the European Union.
   Article 10
   Participation of third States
   1.   Without prejudice to the decision-making autonomy of the Union and its single institutional framework, third States may be invited to contribute to EUCAP Sahel Mali, provided that they bear the cost of the staff seconded by them, including salaries, all risk insurance cover, daily subsistence allowances and travel expenses to and from Mali, and that they contribute to the running costs of EUCAP Sahel Mali, as appropriate.
   2.   Third States contributing to EUCAP Sahel Mali shall have the same rights and obligations in terms of the day-to-day management of EUCAP Sahel Mali as Member States.
   3.   The Council hereby authorises the PSC to take the relevant decisions on acceptance of the proposed contributions and to establish a Committee of Contributors.
   4.   Detailed arrangements regarding the participation of third States shall be covered by agreements concluded in accordance with Article 37 TEU. Where the Union and a third State conclude or have concluded an agreement establishing a framework for the participation of that third State in Union crisis-management operations, the provisions of that agreement shall apply in the context of EUCAP Sahel Mali.
   Article 11
   Security
   1.   The Civilian Operation Commander shall direct the Head of Mission's planning of security measures and ensure their proper and effective implementation by EUCAP Sahel Mali in accordance with Article 5.
   2.   The Head of Mission shall be responsible for the security of EUCAP Sahel Mali and for ensuring compliance with minimum security requirements applicable to EUCAP Sahel Mali, in line with the policy of the Union on the security of personnel deployed outside the Union in an operational capacity under Title V TEU.
   3.   The Head of Mission shall be assisted by a Mission Security Officer (MSO), who shall report to the Head of Mission and also maintain a close functional relationship with the EEAS.
   4.   As regards security, EUCAP Sahel Mali staff shall receive mandatory security training, adapted to the risk as it is evaluated in the zone of deployment. They shall also receive regular in-theatre refresher training organised by the MSO.
   5.   The Head of Mission shall ensure the protection of EU classified information in accordance with Council Decision 2013/488/EU (3).
   Article 12
   Watch-Keeping Capability
   The Watch-Keeping Capability shall be activated for EUCAP Sahel Mali.
   Article 13
   Legal arrangements
   EUCAP Sahel Mali shall have the capacity to procure services and supplies, to enter into contracts and administrative arrangements, to employ staff, to hold bank accounts, to acquire and dispose of assets and to discharge its liabilities, and to be a party to legal proceedings, as required in order to implement this Decision.
   Article 14
   Financial arrangements
   1.   The financial reference amount intended to cover the expenditure related to EUCAP Sahel Mali for the first nine months following the entry into force of this Decision shall be EUR 5 500 000. The financial reference amount for the subsequent periods shall be decided by the Council.
   2.   All expenditure shall be managed in accordance with the rules and procedures applicable to the general budget of the Union. Nationals of third States and host country nationals shall be allowed to tender for contracts. Subject to the Commission's approval, the Mission may conclude technical arrangements with Member States, the host State, participating third States and other international actors regarding the provision of equipment, services and premises to EUCAP Sahel Mali.
   3.   EUCAP Sahel Mali shall be responsible for the implementation of its budget. For this purpose, EUCAP Sahel Mali shall sign an agreement with the Commission.
   4.   The financial arrangements shall respect the chain of command as provided for in Articles 3, 5 and 6 and the operational needs of EUCAP Sahel Mali, including compatibility of equipment and interoperability of its teams.
   5.   Expenditure shall be eligible from the date when the agreement referred to in paragraph 3 is signed.
   Article 15
   Project Cell
   1.   EUCAP Sahel Mali shall have a Project Cell for identifying and implementing projects. EUCAP Sahel Mali shall, as appropriate, coordinate, facilitate, and provide advice on projects implemented by Member States and third States under their responsibility in areas related to EUCAP Sahel Mali and in support of its objectives.
   2.   Subject to paragraph 3, EUCAP Sahel Mali shall be authorised to seek recourse to financial contributions from the Member States or third States to implement projects identified as supplementing in a consistent manner EUCAP Sahel Mali's other actions, if the project is:

               —

               provided for in the financial statement relating to this Decision; or

               —

               integrated during the mandate by means of an amendment to the financial statement requested by the Head of Mission.

         EUCAP Sahel Mali shall conclude an arrangement with those States, covering in particular the specific procedures for dealing with any complaint from third parties concerning damage caused as a result of acts or omissions by the Head of Mission in the use of the funds provided by those States.
   Under no circumstances may the contributing Member States hold the Union or the HR liable for acts or omissions by the Head of Mission in the use of the funds provided by those States.
   3.   The PCS shall agree on the acceptance of a financial contribution from third States to the Project Cell.
   Article 16
   Consistency of the Union's response and coordination
   1.   The HR shall ensure the consistency of the implementation of this Decision with the Union's external action as a whole, including the Union's development programmes.
   2.   Without prejudice to the chain of command, the Head of Mission shall act in close coordination with the Union's delegation in Mali to ensure the consistency of Union action in Mali. Without interfering in the chain of command, the Head of Delegation in Bamako, in close coordination with the European Union Special Representative for the Sahel (EUSR Sahel) shall give political direction at local level to the EUCAP Sahel Mali Head of Mission. The EUCAP Sahel Mali Head of Mission, the Head of Delegation in Bamako and the EUSR Sahel shall initiate consultations as necessary.
   3.   Cooperation shall be established between the EUCAP Sahel Mali Head of Mission, the EUTM Mali Mission Commander, the EUCAP Sahel Niger Head of Mission and the EUBAM Libya Head of Mission.
   4.   In addition, EUCAP Sahel Mali shall coordinate and harmonise its actions in the area of security reform with MINUSMA and other international partners.
   Article 17
   Release of information
   1.   The HR shall be authorised, if necessary and as required for EUCAP Sahel Mali, to release EU classified information up to ‘RESTREINT UE/EU RESTRICTED’ level generated for the purposes of EUCAP Sahel Mali to the third States associated with this Decision, in accordance with Decision 2013/488/EU.
   2.   In the event of a specific and immediate operational need, the HR shall also be authorised to release to the host State any EU classified information up to ‘RESTREINT UE/EU RESTRICTED’ level generated for the purposes of EUCAP Sahel Mali, in accordance with Decision 2013/488/EU. Arrangements between the HR and the competent authorities of the host State shall be drawn up for this purpose.
   3.   The HR shall be authorised to release to the third States associated with this Decision any EU non-classified documents connected with the deliberations of the Council relating to EUCAP Sahel Mali and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council's Rules of Procedure (4).
   4.   The HR may delegate such authorisations, as well as the ability to conclude the arrangements referred to in paragraph 2, to EEAS officials, to the EU Civilian Operation Commander and/or to the Head of Mission in accordance with section VII of Annex VI to Decision 2013/488/EU.
   Article 18
   Entry into force and duration
   This Decision shall enter into force on the day of its adoption.
   It shall apply for a period of 24 months starting from the date on which EUCAP Sahel Mali is launched.

      Done at Luxembourg, 15 April 2014.

            For the Council

            The President

         C. ASHTON

      (1)  Council Decision 2012/392/CFSP of 16 July 2012 on the European Union CSDP mission in Niger (EUCAP Sahel Niger) (OJ L 187, 17.7.2012, p. 48).

      (2)  Council Decision 2013/87/CFSP of 18 February 2013 on the launch of a European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) (OJ L 46, 19.2.2013, p. 27).

      (3)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).

      (4)  Council Decision 2009/937/EU of 1 December 2009 adopting the Council's Rules of Procedure (OJ L 325, 11.12.2009, p. 35).


title: 84/553/EEC: Council Decision of 12 November 1984 appointing an alternate member of the Advisory Committee on Training in Nursing

text:
16 . 11 . 84                     Official Journal of the European Communities                       No L 298 / 55
                                               COUNCIL DECISION
                                                of 12 November 1984
             appointing an alternate member of the Advisory Committee on Training in
                                                        Nursing
                                                      (84/553/EEC)
             THE COUNCIL OF THE EUROPEAN COMMUNITIES,
             Having regard to Council Decision 77/454/EEC of 27 June 1977 setting up an Advisory
             Committee on Training in Nursing ('), and in particular Articles 3 and 4 thereof,
             Whereas by its Decision 82/698/EEC (2) the Council appointed Mrs J. Vink as an alternate
             member for the period ending 7 October 1985 ;
             Whereas on 15 October 1984 the Government of the Netherlands nominated Mrs E.
             Kruithof to replace Mrs J. Vink as an alternate member of the aforementioned
             Committee,
             HAS DECIDED AS FOLLOWS :
                                                       Sole Article
             Mrs E. Kruithof is hereby appointed an alternate member of the Advisory Committee on
             Training in Nursing in place of Mrs J. Vink for the remainder of the latter's term of
             office, which runs until 7 October 1985.
             Done at Brussels, 12 November 1984.
                                                                      For the Council
                                                                       The President
                                                                         P. BARRY
             (') OJ No L 176, 15. 7. 1977, p. 11 .
             (2) OJ No L 292, 16. 10 . 1982, p . 29 .


Avis juridique important

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32000D0407

2000/407/EC: Commission Decision of 19 June 2000 relating to gender balance within the committees and expert groups established by it (notified under document number C(2000) 1600)

Official Journal L 154 , 27/06/2000 P. 0034 - 0035

Commission Decisionof 19 June 2000relating to gender balance within the committees and expert groups established by it(notified under document number C(2000) 1600)(2000/407/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas:(1) According to Article 2 of the Treaty, equality between men and women is one of the tasks to be promoted by the Community.(2) According to Article 3 of the Treaty, in all its activities the Community shall aim to eliminate inequalities, and to promote equality, between men and women.(3) Despite Council Recommendation 96/694/EC of 2 December 1996 on the balanced participation of women and men in the decision-making process(1), women are still under-represented in decision-making bodies, including those established by the Commission(2).(4) The European Parliament's Resolution of 11 February 1994 on women in decision-making called on the European Union Member States to take specific action in the field and was followed by a Council Resolution of 27 March 1995 on the balanced participation of women and men in decision-making.(5) Equality between women and men is essential to human dignity and democracy, and constitutes a fundamental principle of Community law, of the constitutions and laws of the Members States, and of international and European conventions.(6) The Commission has adopted a policy of gender mainstreaming and the incorporation of equal opportunities for women and men in all Community activities and policies.(7) At the United Nations Fourth World Conference on Women (Beijing 1995) the European Community committed itself to promoting women in decision-making.(8) The Council of Europe, in its Recommendation 1413 of 1999 recommends that its Member States achieve equal representation of women and men in public and private life.(9) At the EU Paris Conference of 17 April 1999 on women and men in power called on the Member States to promote the observance of equality between women and men as regards appointments to decision-making bodies.(10) It is appropriate to adopt specific measures to promote the balanced participation of women and men in the decision-making process with the aim of bringing about equality of opportunity between women and men.(11) The Commission has already committed itself to reach a percentage of 40 % of women in all committees and panels in the field of research(3). This aim schall be pursued in other fields, within the expert groups and committees established by the Commission.(12) This decision shall not apply to any committees falling within the scope of the Council Decision 1999/468/EC of 28 June 1999 on the procedures for the excercise of implementing powers conferred on the Commission(4),DECIDES:Article 1This decision applies to expert groups and committes established by the Commission. It covers newly created expert groups and committees as well as existing ones.Article 2The Commission commits itself to creating a gender balance in expert groups and committees established by it. The aim in the medium term is to reach at least 40 % of members of one sex in each expert group and committee.For expert groups and committees already in existence, the Commission will aim to redress the gender balance upon each replacement of a member and when the term of a member of an expert group or committee comes to an end.Article 3Three years after the adoption of the present Decision the Commission shall review its implementation and publish a report, which shall include statistical analysis of the gender balance in expert groups and committees. Depending on the results of this review the Commission shall, at the time, take whatever action is appropriate.Done at Brussels, 19 June 2000.For the CommissionAnna DiamantopoulouMember of the Commission(1) OJ L 319, 10.12.1996, p. 11.(2) COM(2000)120 final.(3) COM(1999)76 final.(4) OJ L 184, 17.7.1999, p. 23.


title: Decision No 930/2007/EC of the European Parliament and of the Council of 7 June 2007 on the mobilisation of the EU Solidarity Fund according to point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

text:
               3.8.2007

               EN

               Official Journal of the European Union

               L 202/18

      DECISION No 930/2007/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 7 June 2007
   on the mobilisation of the EU Solidarity Fund according to point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof,
   Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2),
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The European Union has created a European Union Solidarity Fund (the Fund) to show solidarity with the population of regions struck by disasters.

               (2)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion.

               (3)

               Regulation (EC) No 2012/2002 contains the provisions whereby the Fund may be mobilised.

               (4)

               Hungary and Greece submitted applications to mobilise the Fund, concerning two disasters caused by flooding,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   For the general budget of the European Union for the financial year 2007, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 24 370 114 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 7 June 2007.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         G. GLOSER

      (1)  OJ C 139, 14.6.2006, p. 1.

      (2)  OJ L 311, 14.11.2002, p. 3.


Avis juridique important

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31999D0851

1999/851/EC: Council Decision of 6 December 1999 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with the Republic of Poland

Official Journal L 335 , 28/12/1999 P. 0008 - 0014

COUNCIL DECISIONof 6 December 1999on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with the Republic of Poland(1999/851/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant States in the framework of the pre-accession strategy, and in particular on the establishment of Accession Partnerships(1), and in particular to Article 2 thereof,Having regard to the proposal from the Commission,Whereas:(1) the Luxembourg European Council stated that the Accession Partnership is a new instrument and the key feature of the enhanced pre-accession strategy;(2) Regulation (EC) No 622/98 sets out that the Council is to decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities, intermediate objectives and conditions contained in the individual Accession Partnerships, as they are submitted to each applicant State, as well as on subsequent significant adjustments applicable to them;(3) Community assistance is conditional on the fulfillment of essential elements, and in particular on the respect of the commitments contained in the Europe Agreements and on progress towards fulfillment of the Copenhagen criteria; where an essential element is lacking, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps with regard to any pre-accession assistance;(4) the Luxembourg European Council decided that the implementation of the Accession Partnership and progress in adopting the acquis will be examined in the Europe Agreement bodies;(5) the 1999 Commission's Regular Report presented an objective analysis on the Republic of Poland's preparations for membership and identified a number of priority areas for further work;(6) in order to prepare for membership, the Republic of Poland should update its national programme for the adoption of the acquis; this programme should set out a timetable for achieving the priorities and intermediate objectives established in the Accession Partnership,HAS DECIDED AS FOLLOWS:Article 1In accordance with Article 2 of Regulation (EC) No 622/98, the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership for the Republic of Poland are set out in the Annex hereto, which forms an integral part of this Decision.Article 2The implementation of the Accession Partnership shall be examined in the Europe Agreement bodies and by the appropriate Council bodies to which the Commission shall report regularly.Article 3This Decision shall take effect on the third day following that of its publication in the Official Journal of the European Communities.Done at Brussels, 6 December 1999.For the CouncilThe PresidentT. HALONEN(1) OJ L 85, 20.3.1998, p. 1.ANNEXPOLAND: 1999 ACCESSION PARTNERSHIP1. OBJECTIVESThe purpose of the Accession Partnership is to set out in a single framework the priority areas for further work identified in the Commission's 1999 Regular Report on the progress made by Poland towards membership of the European Union, the financial means available to help Poland implement these priorities and the conditions which will apply to that assistance. This Accession Partnership provides the basis for a number of policy instruments which will be used to help the candidate States in their preparations for membership. These include, inter alia, the revised National Programme for the adoption of the acquis, the Joint Assessment of medium-term economic policy priorities, the Pact against organised crime as well as the National Development Plans and other sectoral plans necessary for the participation in Structural Funds after membership and for the implementation of ISPA and Sapard before accession. Each of these instruments is different in nature and is prepared and implemented according to specific procedures. They are not an integral part of this Partnership but the priorities they contain will be compatible with it.2. PRINCIPLESThe main priority areas identified for each candidate State relate to their ability to take on the obligations of meeting the Copenhagen criteria which state that membership requires:- that the candidate State has achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities,- the existence of a functioning market economy, as well as the capacity to cope with competitive pressure and market forces within the Union,- the ability to take on the obligations of membership, including adherence to the aims of political, economic and monetary union.At its meeting in Madrid, the European Council stressed the need for the candidate States to adjust their administrative structures to ensure the harmonious operation of Community policies after accession and at Luxembourg, it stressed that incorporation of the acquis into legislation is necessary, but not in itself sufficient; it is necessary to ensure that it is actually applied.3. PRIORITIES AND INTERMEDIATE OBJECTIVESThe Commission's Regular Reports have highlighted the extent of the efforts which still have to be made in certain areas by the candidate States to prepare for accession. This situation requires the definition of intermediate stages in terms of priorities, each to be accompanied by precise objectives to be set in collaboration with the States concerned, the achievement of which will condition the degree of assistance the progress of the negotiations under way with some States and the opening of new negotiations with the others. The priorities and intermediate objectives in the revised Accession Partnerships ate again divided into two groups, short- and medium-term. Those listed under the short term have been selected on the basis that it is realistic to expect that Poland can complete or take them substantially forward by the end of 2000. The priorities listed under the medium term are expected to take more than one year to complete although work should, wherever possible, also begin on them during 2000. The progress made in meeting the priorities of the 1998 Accession Partnership is assessed in the 1999 Regular Report. This assessment has been used in formulating the priorities for the current partnership.Poland submitted a revised version of its National programme for the adoption of the acquis (NPAA) on 31 May 1999. It sets out a timetable for achieving priorities and intermediate objectives, based on the first Accession Partnership, as well as necessary administrative structures and financial resources.The Accession Partnership indicates the priority areas for Poland's membership preparations. Poland will nevertheless have to address all issues identified in the Regular Report. It is also important that Poland fulfils the commitments of legislative approximation and implementation of the acquis in accordance with the commitments made under the Europe Agreement, the screening exercise and the negotiation process. It should be recalled that incorporation of the acquis into legislation is not in itself sufficient; it will also be necessary to ensure that it is actually applied to the same standards as those which apply within the Union. In all of the areas listed below there is a need for credible and effective implementation and enforcement of the acquis.Drawing on the analysis of the Commission's Regular Report, the following short and medium term priorities and intermediate objectives have been identified for Poland.3.1. Short-term (2000)Economic criteria:- maintain progress achieved in ensuring macroeconomic and budgetary stability,- make real progress in restructuring the steel sector (e.g. by implementing measures as part of a comprehensive sectoral programme for restoring viability, including control of State aid and appropriate reductions in capacity); continue restructuring of the coal sector,- continuation of privatisation of state-owned enterprises,- improve functioning of land market and accelerate development of property register,- improve bankruptcy procedures and streamline implementation.Internal market:- adopt by June 2000 a programme for the elimination of outstanding tariff and non-tariff market access barriers (linked to Europe Agreement obligations),- intellectual and industrial property rights: adopt Copyright and Neighbouring Rights Law and amendments. upgrade intellectual and industrial property enforcement at administrative and judiciary level,- free movement of goods: adopt Law on National Conformity assessment system; adopt legislation implementing the general product safety and product liability directives; modify the 1993 Act on standardisation; start with transposition of New Approach directives; establish an independent administrative infrastructure in line with the acquis; adopt chemicals framework legislation; pursue alignment of traditional technical legislation,- free movement of capital: amend the sectoral legislation restricting foreign direct investments,- competition: adopt State aid law and provide adequate resources for State aid monitoring authority; complete preparation of State aid inventory; continue annual State aid reports; adopt and implement programme for alignment of special economic zones,- telecommunications: adopt and implement telecommunications law; establish national regulatory authority by June 2000,- audiovisual: complete alignment of legislation,- taxation: implement VAT legislation with particular attention to refund schemes, rates and deductions; align the excise duty legislation as regards alcoholic beverages and the taxation of cigarettes; ensure that new tax measures comply with the principles of the Code of Conduct for business taxation,- customs: implement modernisation strategy for the customs administration including regional levels; harmonise application of Customs code.Agriculture:- further elaborate and implement a rural development plan on a sustainable future for the Polish rural economy including measures dealing with the modernisation of farming and related industries, administration of agricultural lands including the issue of leasing, accompanying social measures, and raising public awareness on the future of farming in rural communities,- review Polish agricultural trade policy with a view to reducing dependency on import barriers and increasing competitiveness,- continue alignment of veterinary and phytosanitary legislation and upgrade inspection arrangements in particular at the future external border,- start to rationalise and upgrade testing and diagnostic facilities; modernise meat and dairy plants to meet European Union hygiene and public health standards.Transport:- align legislation on maritime safety standards.Fisheries:- accelerate preparations for the adoption of a fisheries policy and fisheries restructuring programme,- elaborate an integrated development programme for establishment of adequate institutional structures, resources and equipment relating to inspection and controls at central and regional level and establish fleet register.Employment and social affairs:- prepare a national employment strategy with a view to later participation in the European employment strategy including through the launch of a joint employment review,- support the social partners' capacity-building efforts in developing and implementing the social acquis, notably through bipartite social dialogue.Environment:- draft a legal approximation strategy for the environmental sector including directive-specific approximation and implementation programmes,- accelerate transposition and implementation with special focus on the air and waste framework directives, industrial pollution control and industry-related directives and water directives including the draft water framework directive,- develop a financial investment plan for the implementation of investment in strong directives in the field of air, water and waste as well as industrial pollution control (directive-specific implementation programmes) and based on estimations of costs of alignment and sources of public/private finance year-by-year,- complete transposition and enforce the Environmental Impact Assessment directive,- strengthen the environmental administration and its enforcement capacity both at national and regional level.Justice and home affairs:- adopt and implement national integrated inter-agency border management strategy with particular attention to the budgetary requirements of the eastern border,- strengthen national coordination body for all law enforcement services at central, regional and local level,- upgrade institutional capacity regarding the fight against organised crime and drug trafficking,- implement an anti-corruption and anti-fraud programme (particularly customs service, police and judiciary); strengthen capacities to deal with money laundering; ratify the Council of Europe 1990 Convention on laundering search, seizure and confiscation of the proceeds of crime, the European Criminal Convention on corruption and the OECD Convention on bribery.Reinforcement of administrative and judicial capacity, including the management and control of European Union funds:- Phare(1), ISPA(2) and Sapard(3): further elaborate the National Development Plan and the Rural Development Plan; adopt the legal, administrative and budgetary framework (audit manual and audit trail) to programme and manage ISPA and Sapard, including the introduction of environmental impact assessments and European Union compatible public procurement rules for projects co-financed by Community Funds; establish a functioning paying agency for Sapard,- complete legislative framework for internal and external financial control: set up a central organisation within government for harmonising internal audit/control functions; set up internal audit/control units in spending centres; introduce "functional independence" for national internal controllers/auditors at both central and decentralised levels and ex-ante financial control; strengthen external financial control.3.2. Medium-termEconomic criteria:- establish an annual fiscal surveillance procedure aimed at bringing the reporting, monitoring and control of public finances, specifically fiscal positions, in line with European Union procedures,- review national policy aimed at improving the competitiveness of the Polish economy including market access readiness, SMEs, the existence of a conducive legal and commercial environment and upgrading of skills in particular in rural and eastern border regions,- complete steel and coal restructuring,- continue reform of social insurance financing,- consolidate land market and complete property register.Internal market:- public procurement: abolish by the end of 2002, National Preference Clause for public procurement by introducing access to award procedures in Poland for all Community companies,- free movement of goods: complete alignment including conformity assessment and market surveillance systems; complete adoption of EN standards; complete transposition and implementation of new approach directives and sectoral legislation; ensure implementing structures for all sectors,- free movement of capital: abolish remaining restrictions at the latest by the end of 2002 and strengthen surveillance and regulatory bodies; liberalise progressively short-term capital movements,- free movement of services: develop monitoring and regulatory bodies,- free movement of persons: complete alignment of mutual recognition of diplomas,- competition: reinforce the anti-trust and State aid authorities and procedures; improve transparency and flow of data, coordination and training at all levels,- telecommunications: consolidate national regulatory authority; adopt spectrum monitoring system,- taxation: complete alignment of tax legislation including the transitional VAT regime; review existing laws and ensure compatibility with the code of conduct for business taxation; implement national strategy for the improvement of tax and revenue collection and reinforce tax administration and control procedures,- consumer Protection: strengthen market surveillance and enforcement,- customs: reinforce administrative and operational capacity, strengthen integrated border control; develop an integrated tariff.Agriculture:- implement rural development plan,- reinforce common agricultural policy management mechanisms and administrative structures (monitor agricultural markets and implement structural and rural development measures, set up bodies and control mechanisms),- continue restructuring the agrifood sector; reinforce food control administration,- implement phytosanitary and veterinary administration border inspection posts development programme; complete system of animal identification; implement quality control system (hazard analysis critical control point), animal waste treatment, modernise meat and dairy plants residue and zoonosis control programmes; complete inspection systems on future external borders; implement national laboratory plan for testing and diagnostic facilities.Fisheries:- further implement Fisheries Policy and related alignment (in particular Common Fisheries Market legislation) and budgetary commitments,- develop the capacity to implement and enforce the common fisheries policy, including adequate institutional resources and equipment for inspection and controls at central and regional level.Energy:- prepare for the internal energy market, notably the electricity and gas directives (including adaptation of energy prices to cost levels and the establishment of a regulator),- align oil stock requirements and improve energy efficiency.Transport:- complete alignment and reinforce administrative/enforcement capacity in road transport (market access, road safety, rules for dangerous goods and taxation), railways, maritime transport (including ship reporting and classification requirements), inland waterways (technical requirements for vessels) and air transport (in particular air safety and air traffic management).Employment and social affairs:- transpose and implement European Union legislation in the field of occupational health and safety including the framework directive), labour law, equal treatment of women and men, and public health; reinforce the related administrative structures and those required for the coordination of social security.Economic and social cohesion:- develop national policy for economic and social cohesion and prepare for the implementation of regional development programmes as well as Community initiatives; clarify the organisation of the administrative structures dealing with structural policies; organise efficient interministerial coordination and clarify responsibilities for regional policy issues; improve the budgetary system according to structural funds standards, including appraisal and evaluation.Environment:- continue transposition and start implementation, in particular in the field of chemicals, genetically modified organisms, noise and remaining directives in the air and waste sector,- strengthen the monitoring capacity by streamlining the water monitoring network and further developing the air monitoring infrastructure,- integrate sustainable development principles into the definition and implementation of all other sectoral policies.Justice and home affairs:- further upgrade law enforcement bodies and the judiciary (staff numbers, training and equipment), in particular border control and illegal immigration to enable full participation in the Schengen information system to continue the fight against organised crime, trafficking in women and children, drug trafficking and corruption; ensure better coordination between law enforcement bodies,- continue progressive alignment of visa legislation and practice with that of the European Union,- strengthen police cooperation mechanisms with Europol in fight against organised crime (in particular money laundering, drugs and trafficking in human beings),- align legislation and administrative capacity for implementation of the asylum and migration acquis, for full reciprocal cooperation with the European Union,- implement integrated border strategy.Reinforcement of administrative and judicial capacity, including the management of European Union funds:- consider adopting fast-track procedure for European Union legislation,- strengthen statistical capacities,- complete legislative framework and administrative capacity for internal financial control at regional level by the end of 2001. Consolidate anti-fraud unit. Strengthening of public financial control functions through the provisions of adequate staff, training and equipment,- improve operation of the judicial system; training for the judiciary in Community law and its application; reinforcement of institutions (in particular police, border guards, ministries and courts).4. PROGRAMMINGThe Phare allocation for the period 1995 to 1999 has totalled EUR 1022 million. Following the agreement of the European Council in Berlin on 24 and 25 March 1999, financial assistance to the applicant States during the period 2000 to 2006 will also comprise support for pre-accession measures for agriculture and rural development through the pre-accession instrument Sapard (Council Regulation (EC) No 1268/1999, OJ L 161, 26.6.1999, p. 87) and a structural instrument ISPA (Council Regulation (EC) No 1267/1999, OJ L 161, 26.6.1999, p. 73) which will give priority to measures similar to the cohesion fund in the pre-accession period. Under these national allocations, Poland can also fund part of its participation in Community programmes including in the Fifth Research and Technological Development Framework Programme (OJ L 26, 1.2.1999, p. 1). In addition Poland will have access to funding from multi-State programmes directly related to the acquis. Joint financing by the applicant States is systematically required for all investment projects. Since 1998 the Commission has worked with the European Investment Bank and international financial institutions, in particular the European Bank for Reconstruction and Development and the World Bank, with a view to facilitating the co-financing of projects relating to pre-accession priorities.5. CONDITIONALITYCommunity assistance for financing projects through the three pre-accession instruments Phare, ISPA and Sapard is conditional on respect by Poland of its commitments under the Europe Agreement, further steps towards satisfying the Copenhagen criteria and in particular progress in meeting the specific priorities of this Accession Partnership in 2000. Failure to respect these general conditions could lead to a decision by the Council on the suspension of financial assistance on the basis of Article 4 of Regulation (EC) No 622/98.6. MONITORINGThe implementation of the Accession Partnership is monitored in the framework of the Europe Agreement. As underlined by the European Council in Luxembourg it is important that the institutions of the Europe Agreement continue to be the framework within which the adoption of the acquis can be examined, in accordance with the same procedures, irrespective of whether or not negotiations have been opened. The relevant sections of the Accession Partnership are discussed in the appropriate subcommittee. The Association Committee discusses overall developments, progress and problems in meeting its priorities and intermediate objectives as well as more specific issues referred to it from the subcommittees.The Phare Management Committee ensures that financing decisions under all three pre-accessions instruments, Phare, ISPA and Sapard, are compatible with each other as well as with the Accession Partnerships as laid down in the Coordinating Regulation (Council Regulation (EC) No 1266/1999, (OJ L 161, 26.6.1999, p. 68).The Accession Partnership will continue to be amended as necessary in accordance with Article 2 of Regulation (EC) No 622/98.(1) Phare = Action plan for coordinated aid to Poland and Hungary.(2) ISPA = Instrument for Structural Policies for Pre-Accession.(3) Sapard = Special Accession Programme for Agriculture and Rural Development.


title: 2010/660/EU: Decision of the European Parliament and of the Council of 20 October 2010 on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2009/023 PT/Qimonda from Portugal)

text:
               4.11.2010

               EN

               Official Journal of the European Union

               L 286/16

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 20 October 2010
   on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2009/023 PT/Qimonda from Portugal)
   (2010/660/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

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

               (2)

               The scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis.

               (3)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

               (4)

               Portugal submitted an application on 17 December 2009 to mobilise the EGF, in respect of redundancies in the enterprise Qimonda Portugal SA, and supplemented it by additional information up to 28 April 2010. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 2 405 671.

               (5)

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

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2010, the European Globalisation Adjustment Fund (EGF) shall be mobilised to provide the sum of EUR 2 405 671 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 20 October 2010.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         O. CHASTEL

      (1)  OJ C 139, 14.6.2006, p. 1.

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


Avis juridique important

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31994D0160

Council Decision of 4 March 1994 appointing a member of the Economic and Social Committee

Official Journal L 072 , 16/03/1994 P. 0017 - 0017

COUNCIL DECISION of 4 March 1994 appointing a member of the Economic and Social Committee (94/160/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Articles 193 to 195 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 165 to 167 thereof,  Having regard to the Convention on certain institutions common to the European Communities, and in particular Article 5 thereof,  Having regard to the Council Decision of 24 September 1990 appointing the members of the Economic and Social Committee for the period ending on 20 September 1994 (1),  Whereas a seat has become vacant on the Economic and Social Committee following the election of Mr Spyridon Giatras as a member of the Greek national parliament, notified to the Council on 3 November 1993;  Having regard to the nominations submitted by the Greek Government on 1 December 1993,  Having obtained the opinion of the Commission of the European Communities,  HAS DECIDED AS FOLLOWS:   Sole Article  Mr Christoforos Koryfidis is hereby appointed member of the Economic and Social Committee in place of Mr Spyridon Giatras for the remainder of the latter's term of office, which expires on 20 September 1994.  Done at Brussels, 4 March 1994.  For the Council The President C. SIMITIS  (1) OJ No L 290, 23. 10. 1990, p. 13.


Avis juridique important

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31990D0043

90/43/Euratom, EEC: Council Decision of 22 January 1990 appointing a member of the Economic and Social Committee

Official Journal L 022 , 27/01/1990 P. 0077 - 0077

*****COUNCIL  DECISION  of 22 January 1990  appointing a member of the Economic and Social Committee  (90/43/Euratom, EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 193 to 195 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 165 to 167 thereof,  Having regard to the Convention on certain institutions common to the European Communities, and in particular Article 5 thereof,  Having regard to the Council Decision of 15 September 1986 appointing the members of the Economic and Social Committee for the period ending on 20 September 1990 (1),  Whereas a seat has become vacant on the above Committee following the resignation of Mr P.A.A. Spijkers, notified to the Council on 1 September 1989,  Having regard to the nominations submitted by the Permanent Representation of the Netherlands on 26 September 1989,  Having obtained the favourable opinion of the Commission of the European Communities,  HAS DECIDED AS FOLLOWS:  Sole Article  Mr K. de Knegt is hereby appointed a member of the Economic and Social Committee in place of Mr P.A.A. Spijkers for the remainder of the latter's term of office, which runs until 20 September 1990.  Done at Brussels, 22 January 1990.  For the Council  The President  M. O'KENNEDY  (1) OJ No C 244, 30. 9. 1986, p. 2.