title: Council Decision 2005/681/JHA of 20 September 2005 establishing the European Police College (CEPOL) and repealing Decision 2000/820/JHA

text:
               1.10.2005

               EN

               Official Journal of the European Union

               L 256/63

      COUNCIL DECISION 2005/681/JHA
   of 20 September 2005
   establishing the European Police College (CEPOL) and repealing Decision 2000/820/JHA
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 30(1)(c) and Article 34(2)(c) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               At its meeting in Tampere on 15 and 16 October 1999, the European Council agreed that a European Police College, hereinafter referred to as ‘CEPOL’, should be established to train senior officers of police forces.

               (2)

               The European Police College was established by Council Decision 2000/820/JHA (2).

               (3)

               It has become apparent that the functioning of CEPOL could be improved if it were financed from the general budget of the European Union and if the Staff Regulations of officials of the European Communities and the Conditions of employment of other servants of the European Communities applied to the Director and the staff of the CEPOL Secretariat.

               (4)

               The conclusions of the Council of 24 February 2005 therefore called for the aforementioned amendments to be implemented, which makes it necessary to repeal Decision 2000/820/JHA and to replace it by a new Council Decision concerning CEPOL.

               (5)

               CEPOL should continue to function as a network, linking national training institutes whose tasks include the training of senior police officers of the Member States, in accordance with the general principles as laid down in Decision 2000/820/JHA.

               (6)

               CEPOL should carry out its tasks by progressive stages in the light of the objectives set out in the annual work programmes and with due regard for available resources.

               (7)

               A number of technical changes are necessary in order to bring the structure of CEPOL in line with the procedures to be followed in the framework of the general budget of the European Union and of the Staff Regulations of officials of the European Communities and the Conditions of employment of other servants of the European Communities.

               (8)

               As regards other provisions, these are as far as possible based on Decision 2000/820/JHA.

               (9)

               The technical changes include amendments to the provisions dealing with the relations with third States, the functioning of the Governing Board, the tasks of the Director, the staff of the CEPOL Secretariat, the financial requirements, access to documents and evaluation.

               (10)

               In order to guarantee continuity, specific transitional provisions are required,

         HAS DECIDED AS FOLLOWS:
   CHAPTER I
   ESTABLISHMENT, LEGAL PERSONALITY AND SEAT
   Article 1
   Establishment
   1.   A European Police College (CEPOL) is hereby established. It shall be regarded as the successor of CEPOL, as established by Decision 2000/820/JHA.
   2.   Without prejudice to future developments, CEPOL shall function as a network, by bringing together the national training institutes in the Member States whose tasks include the training of senior police officers, which shall cooperate closely to that end.
   3.   CEPOL’s task shall be to implement the programmes and initiatives decided upon by the Governing Board.
   Article 2
   Legal personality
   1.   CEPOL shall have legal personality.
   2.   CEPOL shall enjoy in each Member State the most extensive legal and contractual capacity available to legal persons under national law. CEPOL may in particular acquire and dispose of movable or immovable property and be a party to legal proceedings.
   3.   The Director shall represent CEPOL in all legal acts and obligations.
   Article 3
   Privileges and Immunities
   The Protocol on the Privileges and Immunities of the European Communities shall apply to the Director of CEPOL and the staff of its Secretariat, with the exception of staff seconded from the Member States.
   Article 4
   Seat
   The seat of CEPOL shall be in Bramshill, United Kingdom.
   CHAPTER II
   PURPOSE, OBJECTIVES AND TASKS
   Article 5
   Purpose
   The aim of CEPOL shall be to help train the senior police officers of the Member States by optimising cooperation between CEPOL’s various components. It shall support and develop a European approach to the main problems facing Member States in the fight against crime, crime prevention, and the maintenance of law and order and public security, in particular the cross-border dimensions of those problems.
   Article 6
   Objectives
   CEPOL’s objectives shall be as follows:

               1.

               to increase knowledge of the national police systems and structures of other Member States and of cross-border police cooperation within the European Union;

               2.

               to improve knowledge of international and Union instruments, in particular in the following sectors:

                           (a)

                           the institutions of the European Union, their functioning and role, as well as the decision-making mechanisms and legal instruments of the European Union, in particular as regards their implications for law-enforcement cooperation;

                           (b)

                           Europol’s objectives, structure and functioning, as well as ways to maximise cooperation between Europol and relevant law-enforcement services in the Member States in the fight against organised crime;

                           (c)

                           Eurojust’s objectives, structure and functioning;

               3.

               to provide appropriate training with regard to respect for democratic safeguards, with particular reference to the rights of defence.

         Article 7
   Tasks
   In order to achieve those objectives, CEPOL may, in particular, undertake the following actions:

               (a)

               provide training sessions, based on common standards, for senior police officers;

               (b)

               contribute to the preparation of harmonised programmes for the training of middle-ranking police officers, middle-ranking police officers in the field and police officers in the field with regard to cross-border cooperation between police forces in Europe, and help set up appropriate advanced training programmes as well as develop and provide training for trainers;

               (c)

               provide specialist training for police officers playing a key role in combating cross-border crime, with a particular focus on organised crime;

               (d)

               disseminate best practice and research findings;

               (e)

               develop and provide training to prepare police forces of the European Union for participation in non-military crisis management;

               (f)

               develop and provide training for police authorities from the candidate countries, including training for police officers with a key role;

               (g)

               facilitate relevant exchanges and secondments of police officers in the context of training;

               (h)

               develop an electronic network to provide back-up for CEPOL in the performance of its duties, ensuring that the necessary security measures are put in place;

               (i)

               enable the senior police officers of the Member States to acquire relevant language skills.

         Article 8
   Cooperation with other bodies
   1.   CEPOL may cooperate with relevant bodies of the European Union in the field of law enforcement and other related areas and with relevant training bodies in Europe.
   2.   CEPOL may cooperate with national training institutes of non-member States of the European Union, in particular with those of the candidate countries, as well as with those of Iceland, Norway and Switzerland.
   3.   The Governing Board may authorise the Director of CEPOL to negotiate cooperation agreements with any of the bodies mentioned in paragraphs 1 and 2.
   Such cooperation agreements may be concluded only with the authorisation of the Governing Board.
   Cooperation agreements with bodies of non-member States of the European Union can only be concluded after the approval of the Council has been obtained.
   4.   CEPOL may take into account recommendations made by Europol and/or the Task Force of Chiefs of Police of the Member States of the EU, without prejudice to the rules governing the adoption of the CEPOL work program.
   CHAPTER III
   ORGANS, STAFF AND CONTACT POINTS
   Article 9
   Organs
   The organs of CEPOL shall be:

               1.

               The Governing Board.

               2.

               The Director, heading the CEPOL Secretariat.

         Article 10
   The Governing Board
   1.   The Governing Board shall be made up of one delegation from each Member State. Each delegation shall have one vote.
   2.   The members of the Governing Board shall preferably be directors of national training institutes. Where there are several directors from a single Member State, they shall together form a delegation. The Governing Board shall be chaired by the representative of the Member State holding the Presidency of the Council of the European Union.
   3.   Representatives of the Commission and of the General Secretariat of the Council of the European Union and Europol shall be invited to attend meetings as non-voting observers.
   4.   Members of the Governing Board may be accompanied by experts.
   5.   The Director of CEPOL shall participate in the meetings of the Governing Board, without the right to vote.
   6.   The Governing Board shall meet at least twice a year.
   7.   Except when otherwise indicated in this Decision, the Governing Board shall act by a two-thirds majority of its members.
   8.   The Governing Board shall establish its rules of procedure.
   9.   The Governing Board shall adopt:

               (a)

               common curricula, training modules, learning methods, and any other learning and teaching tools;

               (b)

               the decision appointing the Director;

               (c)

               by unanimity, the draft budget to be submitted to the Commission;

               (d)

               the work programme, after having consulted the Commission, to be submitted to the Council for approval;

               (e)

               the annual report and the CEPOL five-year report to be submitted to the Commission and the Council, in order to allow the Council to take note of them and endorse them;

               (f)

               the implementing rules applicable to the CEPOL staff, on a proposal from the Director and after seeking agreement from the Commission.

         10.   The Governing Board may decide, in cases of strict necessity, to establish working groups to make recommendations, to develop and propose strategies, training concepts and tools, or to perform any other advisory task deemed necessary by the Governing Board. The Governing Board shall draw up the rules governing the creation and functioning of the working groups.
   11.   The Governing Board shall exercise the powers laid down in Article 13(3) in respect of the Director.
   12.   Without prejudice to paragraph 9(d) and (e), the work programme, the annual report on CEPOL’s activities and the CEPOL five-year report shall be forwarded to the European Parliament and the Commission for information and shall be made public.
   Article 11
   The Director
   1.   The Director shall be appointed by the Governing Board from a list of at least three candidates presented by a selection committee, for a four-year period extendable once.
   The Governing Board shall establish rules regarding the selection of the candidates. Such rules shall be approved by the Council prior to their entry into force.
   2.   The Governing Board may decide to extend the term of office of the Director.
   3.   The Governing Board may remove the Director from his/her office.
   4.   The Director shall be responsible for the day-to-day administration of CEPOL’s work. He or she shall support the work of the Governing Board. He or she shall:

               (a)

               exercise, in respect of the staff, the powers laid down in Article 13(3);

               (b)

               take all necessary steps, including the adoption of internal administrative instructions and the publication of notices, to ensure that CEPOL functions in accordance with the provisions of this Decision;

               (c)

               draw up the preliminary draft budget, the preliminary draft annual report and the preliminary draft work programme to be submitted to the Governing Board;

               (d)

               implement the budget;

               (e)

               maintain contacts with the relevant services in the Member States;

               (f)

               coordinate the implementation of the work programme;

               (g)

               perform any other function attributed to him/her by the Governing Board.

         5.   The Director shall be accountable for his/her activities to the Governing Board.
   6.   If the Council so requests, the Director shall report on the carrying out of his/her duties. The Director may do the same if the European Parliament so requests.
   7.   The Director shall negotiate a headquarters agreement with the government of the host Member State, and submit it for approval to the Governing Board.
   Article 12
   The CEPOL Secretariat
   The CEPOL Secretariat shall assist CEPOL with the administrative tasks necessary for it to function and implement the annual programme and, where appropriate, the additional programmes and initiatives.
   Article 13
   Staff of the CEPOL Secretariat
   1.   The Staff Regulations of officials of the European Communities, the Conditions of employment of other servants of the European Communities and the rules adopted jointly by the institutions of the European Communities for the purposes of the application of those Staff Regulations and Conditions of employment shall apply to the Director of CEPOL and the staff of CEPOL’s Secretariat recruited after the entry into force of this Decision.
   2.   For the purpose of implementing Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff regulations of officials and the Conditions of employment of other servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (3), CEPOL is an agency within the meaning of Article 1a, paragraph 2, of the Staff regulations of officials of the European Communities.
   3.   The powers conferred on the appointing authority by the Staff regulations and on the authority authorised to conclude contracts by the Conditions of employment of other servants shall be exercised by CEPOL in respect of the staff of its Secretariat in accordance with the provisions of Articles 10(11) and 11(4)(a) of this Decision.
   4.   The staff of CEPOL’s Secretariat shall consist of officials seconded by an institution within the meaning of the Staff regulations of officials of the European Communities, of experts seconded by Member States, and of other servants recruited by CEPOL as necessary to carry out its tasks, all on a temporary basis.
   5.   The secondment of national experts from the Member States to the CEPOL Secretariat shall be in accordance with Council Decision 2003/479/EC of 16 June 2003 concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council (4), which shall apply by analogy.
   Article 14
   Contact points
   A CEPOL national contact point may be set up in each Member State. Without prejudice to the Member States’ right to organise this contact point as it sees fit, the contact point shall preferably be the Member State’s delegation at the Governing Board. The national contact point shall ensure effective cooperation between CEPOL and the training institutes.
   CHAPTER IV
   FINANCIAL REQUIREMENTS
   Article 15
   Budget
   1.   The revenues of CEPOL shall consist, without prejudice to other types of income, of a subsidy from the Community entered in the general budget of the European Union (Commission section).
   2.   The expenditure of CEPOL shall include the staff, administrative, infrastructure and operational expenses.
   3.   The Director shall draw up an estimate of the revenues and expenditure of CEPOL for the following financial year and shall forward it to the Governing Board together with a provisional establishment plan.
   4.   Revenue and expenditure shall be in balance.
   5.   The Governing Board shall adopt the draft estimate, including the provisional establishment plan accompanied by the preliminary work programme, and forward them by 31 March of each year, at the latest, to the Commission. If the Commission has objections to the draft estimate, it shall consult the Governing Board within 30 days following receipt thereof.
   6.   The estimate shall be forwarded by the Commission to the European Parliament and the Council (hereinafter referred to as the budgetary authority) together with the preliminary draft budget of the European Union.
   7.   On the basis of the estimate, the Commission shall enter in the preliminary draft general budget of the European Union the estimates it deems necessary for the establishment plan and the amount of the subsidy to be charged to the general budget, which it shall place before the budgetary authority in accordance with Article 272 of the Treaty.
   8.   The budgetary authority shall authorise the appropriations for the subsidy to CEPOL. The budgetary authority shall adopt the establishment plan for CEPOL.
   9.   The Governing Board shall adopt the CEPOL budget and the establishment plan. They shall become definitive following the final adoption of the general budget of the European Union. Where appropriate, they shall be adjusted accordingly.
   10.   Any modification to the budget, including the establishment plan, shall follow the procedure laid down in paragraphs 5 to 9.
   11.   The Governing Board shall, as soon as possible, notify the budgetary authority of its intention to implement any project that may have significant financial implications for the funding of its budget, in particular any projects relating to property such as the rental or purchase of buildings. It shall inform the Commission thereof.
   12.   Where a branch of the budgetary authority has notified its intention to deliver an opinion, it shall forward its opinion to the Governing Board within a period of six weeks from the date of notification of the project.
   Article 16
   Implementation and control of the budget
   1.   The Director shall implement CEPOL’s budget.
   2.   By 1 March at the latest following each financial year, CEPOL’s accounting officer shall communicate the provisional accounts to the Commission’s accounting officer together with a report on the budgetary and financial management for that financial year. The Commission’s accounting officer shall consolidate the provisional accounts of the institutions and decentralised bodies in accordance with Article 128 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5) (Financial Regulation).
   3.   By 31 March at the latest following each financial year, the Commission’s accounting officer shall forward CEPOL’s provisional accounts to the Court of Auditors, together with a report on the budgetary and financial management for that financial year. The report on the budgetary and financial management for that financial year shall also be forwarded to the European Parliament and the Council.
   4.   On receipt of the Court of Auditors’ observations on CEPOL’s provisional accounts, pursuant to Article 129 of the Financial Regulation, the Director shall draw up CEPOL’s final accounts under his/her own responsibility and forward them to the Governing Board for an opinion.
   5.   The Governing Board shall deliver an opinion on CEPOL’s final accounts.
   6.   By 1 July of the following year at the latest, the Director shall send the final accounts, together with the opinion of the Governing Board, to the Commission, the Court of Auditors, the European Parliament and the Council.
   7.   The final accounts shall be published.
   8.   The Director shall send the Court of Auditors a reply to its observations by 30 September at the latest. He or she shall also send this reply to the Governing Board.
   9.   Upon a recommendation from the Council, the European Parliament shall, before 30 April of year n + 2, give a discharge to the Director of CEPOL in respect of the implementation of the budget for year n.
   Article 17
   Financial provision
   The financial rules applicable to CEPOL shall unanimously be adopted by the Governing Board after having consulted the Commission. They may not depart from Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 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 (6), unless specifically required for CEPOL’s operation and with the Commission’s prior consent. The budgetary authority shall be informed of these derogations.
   Article 18
   Combating fraud
   1.   In order to combat fraud, corruption and other unlawful activities, the provisions of Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-fraud Office (OLAF) (7) shall apply without restriction.
   2.   CEPOL shall accede to the Inter-institutional Agreement of 25 May 1999 concerning internal investigations by the European Anti-fraud Office (OLAF) and shall issue, without delay, the appropriate provisions applicable to the Director of CEPOL and the staff of CEPOL’s Secretariat.
   3.   The decisions concerning funding and the implementing agreements and instruments resulting from them shall explicitly stipulate that the Court of Auditors and OLAF may, if necessary, carry out on-the-spot checks among the recipients of CEPOL’s funding and the agents responsible for allocating it.
   CHAPTER V
   MISCELLANEOUS PROVISIONS
   Article 19
   Languages
   The provisions laid down in Regulation No 1 of 15 April 1958 determining the languages to be used in the European Economic Community (8) shall apply to CEPOL. The annual report to the Council referred to in Article 10(9)(e) shall be drawn up in the official languages of the Union institutions.
   Article 20
   Access to documents
   On the basis of a proposal by the Director, and not later than six months after this Decision takes effect, the Governing Board shall adopt rules for access to CEPOL documents, taking into account the principles and limits stated in Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (9).
   Article 21
   Evaluation
   1.   Within five years after this Decision takes effect, and every five years thereafter, the Governing Board shall commission an independent external evaluation of the implementation of this Decision as well as of the activities carried out by CEPOL.
   2.   Each evaluation shall assess the impact of this Decision and the utility, relevance, effectiveness and efficiency of CEPOL and its working practices.
   3.   The Governing Board shall receive the evaluation and issue recommendations regarding CEPOL’s structure and its working practices to the Commission. Both the evaluation findings and recommendations shall be part of the five-year report, to be established in accordance with the procedure provided for in Article 10(9)(e).
   Article 22
   Decisions by the Council
   When acting pursuant to Articles 8(3), 10(9)(d) and (e), 11(1) and 16(9), the Council shall decide by a qualified majority of its members.
   CHAPTER VI
   TRANSITIONAL PROVISIONS
   Article 23
   General legal succession
   1.   CEPOL, as established by this Decision, shall be the general legal successor in respect of all contracts concluded by, liabilities incumbent on, and properties acquired by CEPOL, as established under Decision 2000/820/JHA.
   2.   Without prejudice to Article 11(7), the Headquarters Agreement, concluded on the basis of Article 4(1) of Decision 2000/820/JHA, shall remain in force for CEPOL, established by this Decision, until repealed.
   Article 24
   The Director and Staff
   1.   The Director, appointed on the basis of Article 4(2) of Decision 2000/820/JHA shall, for the remaining period of his/her term, be the Director within the meaning of Article 11 of this Decision.
   2.   In the event that he/she is unwilling or unable to act in accordance with paragraph 1, the Governing Board shall appoint an interim Director for a maximum period of 18 months, pending the appointment procedure as provided for in Article 11(1) of this Decision.
   3.   Employment contracts concluded before the adoption of this Decision shall be honoured.
   4.   The seconded national experts who are posted to CEPOL, established on the basis of Decision 2000/820/JHA, shall be entitled to continue their secondments to CEPOL in accordance with the rules referred to in Article 13(5) of this Decision.
   Article 25
   Budget
   1.   The discharge procedure in respect of the budgets, established on the basis of Article 5(3) of Decision 2000/820/JHA, shall be carried out in accordance with the financial regulation adopted on the basis of Article 5(3) of Decision 2000/820/JHA.
   2.   All expenditure resulting from commitments made by CEPOL in accordance with the financial regulation adopted on the basis of Article 5(3) of Decision 2000/820/JHA before the entry into force of this Decision which has not yet been paid at that time shall be covered by the budget of the CEPOL, as established by this Decision.
   3.   Before the expiry of a period of nine months after the entry into force of this Decision, the Governing Board shall unanimously establish the amount covering the expenditure referred to in paragraph 2. A corresponding amount, financed from the accumulated surplus of the budgets approved on the basis of Article 5(3) of Decision 2000/820/JHA, shall be transferred into the 2006 budget established by this Decision and shall constitute an assigned revenue to cover this expenditure.
   If the surpluses are not sufficient to cover the expenditure referred to in paragraph 2, the Member States shall provide the financing necessary on the basis of Decision 2000/820/JHA.
   4.   The remainder of the surpluses of the budgets approved on the basis of Article 5(3) of Decision 2000/820/JHA shall be paid back to the Member States. The amount to be paid to each of the Member States shall be calculated on the basis of the annual contributions from the Member States to the CEPOL budgets, established on the basis of Article 5(2) of Decision 2000/820/JHA.
   The remainder shall be paid back to the Member States within three months after the amount referred to in paragraph 3 has been established and the discharge procedures regarding the budgets approved on the basis of Article 5(3) of Decision 2000/820/JHA have been completed.
   5.   CEPOL shall continue to implement the Community financed projects in which CEPOL, established on the basis of Decision 2000/820/JHA, is participating, including projects adopted under the CARDS and MEDA programs.
   Article 26
   Work programme and annual report
   1.   The annual continuing education programme, adopted on the basis of Article 3 of Decision 2000/820/JHA, shall be regarded as the work programme referred to in Article 10(9)(d), subject to any amendments adopted in accordance with the provisions of this Decision.
   2.   The annual report on CEPOL’s activities for the year 2005 shall be established in accordance with the procedure provided for in Article 3 of Decision 2000/820/JHA.
   Article 27
   Institutional arrangements
   1.   For the purpose of implementing the transitional provisions of this Decision, the Governing Board set up on the basis of Article 10 of this Decision shall substitute itself for the Governing Board set up on the basis of Decision 2000/820/JHA.
   2.   Notwithstanding Article 28 of this Decision, the relevant provisions of Decision 2000/820/JHA, and all rules and regulations adopted for their implementation, shall remain in force for the purpose of implementing the transitional provisions of this Decision.
   Article 28
   Measures to be prepared before entry into force
   The Governing Board set up on the basis of Decision 2000/820/JHA, as well as the Director, appointed on the basis of that Decision, shall prepare the adoption of the instruments listed below:

               (a)

               the rules of procedure of the Governing Board as referred to in Article 10(8);

               (b)

               the implementing rules applicable to CEPOL staff as referred to in Article 10(9)(f);

               (c)

               the rules regarding the selection of the candidates, as referred to in Article 11(1);

               (d)

               the measures referred to in Article 11(4)(b);

               (e)

               the financial rules applicable to CEPOL referred to in Arti cle 17;

               (f)

               the measures required in Article 18(2); and

               (g)

               the rules for access to CEPOL documents referred to in Article 20.

         CHAPTER VII
   FINAL PROVISIONS
   Article 29
   Repeal
   Without prejudice to Chapter VI of this Decision, Decision 2000/820/JHA is repealed.
   Article 30
   Taking of effect
   This Decision shall take effect on 1 January 2006. However, Article 28 shall apply from the day following the publication of this Decision in the Official Journal of the European Union.
   Article 31
   Publication
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 20 September 2005.

            For the Council

            The President

         M. BECKETT

      (1)  Opinion delivered on 12 April 2005 (not yet published in the Official Journal).

      (2)  OJ L 336, 30.12.2000, p. 1. Decision as last amended by Decision 2004/567/JHA (OJ L 251, 27.7.2004, p. 20).

      (3)  OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 723/2004 (OJ L 124, 27.4.2004, p. 1).

      (4)  OJ L 160, 28.6.2003, p. 72. Decision as last amended by Decision 2004/240/EC (OJ L 74, 12.3.2004, p. 17).

      (5)  OJ L 248, 16.9.2002, p. 1.

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

      (7)  OJ L 136, 31.5.1999, p. 1.

      (8)  OJ 17, 6.10.1958, p. 385/58. Regulation as last amended by the 2003 Act of Accession.

      (9)  OJ L 145, 31.5.2001, p. 43.


Avis juridique important

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32003D0004

2003/205/EC: Decision of the European Central Bank of 20 March 2003 on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes (ECB/2003/4)

Official Journal L 078 , 25/03/2003 P. 0016 - 0019

Decision of the European Central Bankof 20 March 2003on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes(ECB/2003/4)(2003/205/EC)THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,Having regard to the Treaty establishing the European Community and in particular to Article 106(1) thereof and to Article 16 of the Statute of the European System of Central Banks and of the European Central Bank,Whereas:(1) Article 106(1) of the Treaty and Article 16 of the Statute provide that the European Central Bank (ECB) has the exclusive right to authorise the issue of banknotes within the Community. These articles also provide that the ECB and the national central banks may issue such notes. Pursuant to Article 10 of Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro(1), the ECB and the national central banks of the participating Member States (hereinafter "NCBs"), shall put euro banknotes into circulation.(2) The European Monetary Institute (EMI) carried out the preparatory work for the production and issue of euro banknotes, and in particular with regard to the euro banknote designs, it facilitated the recognition and acceptance of the new euro banknote denominations and specifications by users by taking into account the specific visual and technical requirements of European associations of banknote users.(3) As successor to the EMI the ECB holds the copyright on the designs of the euro banknotes originally held by the EMI. The ECB and the NCBs, acting on behalf of the ECB, may enforce this copyright with regard to reproductions issued or distributed in breach of this copyright, such as, inter alia, reproductions which might adversely affect the standing of euro banknotes.(4) The ECB's and the NCBs' right to issue euro banknotes includes the competence to take all necessary legal measures to protect the integrity of the euro banknotes as a means of payment. The ECB should take measures to provide for a minimum level of protection in all participating Member States in order to ensure that the general public can distinguish genuine euro banknotes from reproductions. It is therefore necessary to establish common rules according to which the reproduction of euro banknotes will be permitted.(5) The provisions of the present Decision should be without prejudice to the application of criminal law, in particular regarding counterfeiting.(6) Reproductions of euro banknotes in electronic form should only be regarded as lawful if the producer thereof adopts adequate technical measures to deter print-outs, where the general public might mistake the print-outs for genuine euro banknotes.(7) The competence to take measures to protect the integrity of the euro banknotes as a means of payment includes the competence to adopt a common regime under which the NCBs are prepared to exchange mutilated or damaged euro banknotes. Under this regime certain categories of euro banknotes are designated which should be withheld by NCBs when presented to them for exchange.(8) The part of the original euro banknote that needs to be presented in order to qualify for exchange is subject to minimum measurement requirements. These measurements should be expressed as a percentage of the surface area of the original euro banknote before it was mutilated or damaged, in order to prevent the distortion of measurements, for instance in situations where the euro banknote is mutilated or damaged due to shrinkage.(9) To encourage the proper handling of anti-theft devices by all professional banknote handlers it is appropriate, when they request NCBs to exchange euro banknotes that have been mutilated or damaged by using anti-theft devices, for NCBs to charge the banknote handlers a fee to compensate for the analysis performed with regard to the exchange of these euro banknotes.(10) This fee is not charged when the mutilation or damage results from an attempted or actual robbery or theft, and, to avoid insignificant fees, is only charged when a minimum number of mutilated or damaged euro banknotes is presented for exchange.(11) Euro banknotes which have been mutilated or damaged in bulk due to the use of anti-theft devices should be presented for exchange in sets consisting of a minimum number of euro banknotes.(12) The ECB's exclusive right to authorise the issue of euro banknotes within the Community includes the competence to withdraw euro banknotes and to establish a common regime under which the ECB and the NCBs can perform this withdrawal.(13) It is appropriate for reasons of clarity and legal certainty to codify Decision ECB/2001/7 of 30 August 2001 on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes(2), as amended by Decision ECB/2001/14(3) and make more transparent the tasks of the ECB and the NCBs with regard to the rules on the reproduction, exchange and withdrawal of euro banknotes,HAS ADOPTED THIS DECISION:Article 1Denominations and specifications1. The first series of euro banknotes shall include seven denominations in the range of five euro to 500 euro, depicting the theme "Ages and styles of Europe", with the following basic specifications.>TABLE>2. The seven denominations in the euro banknote series shall bear the representation of gateways and windows on the front side (recto) and bridges on the reverse side (verso). All seven denominations shall be typical of the different European artistic periods referred to above. Other elements of the designs shall include: the symbol of the European Union; the name of the currency in the Roman and Greek alphabets; the initials of the ECB in their official language variants; the © symbol which indicates that the copyright belongs to the ECB; and the signature of the President of the ECB.Article 2Reproduction rules for euro banknotes1. "Reproduction" shall mean any tangible or intangible image that uses all or part of a euro banknote as specified in Article 1, or parts of its individual design elements, such as, inter alia, colour, dimensions and use of letters or symbols, which image may resemble or give the general impression of a euro banknote, irrespective of:(a) the size of the image; or(b) the material(s) or technique(s) used to produce it; or(c) whether or not elements or illustrations have been added to the image that do not originate from banknotes; or(d) whether or not the design of the euro banknote, such as letters or symbols has been altered.2. Reproductions which the general public might mistake for genuine euro banknotes shall be deemed unlawful.3. Reproductions complying with the following criteria shall be deemed lawful since there is no risk that the general public might mistake them for genuine euro banknotes:(a) one-sided reproductions of a euro banknote as specified in Article 1, provided that the size of the reproduction is at least 125 % of both the length and width or at most 75 % of both the length and the width of the respective euro banknote as specified in Article 1; or(b) two-sided reproductions of a euro banknote as specified in Article 1, provided that the size of the reproduction is at least 200 % of both the length and width or at most 50 % of both the length and width of the respective euro banknote as specified in Article 1; or(c) reproductions of individual design elements of a euro banknote as specified in Article 1, provided that such a design element is not depicted on a background resembling a banknote; or(d) one-sided reproductions depicting a part of the front side or reverse side of a euro banknote, provided that such a part is smaller than one third of the original front side or reverse side of the euro banknote as specified in Article 1; or(e) reproductions made of a material clearly different from paper, which looks distinctly different from the material used for banknotes; or(f) intangible reproductions made available electronically on websites, by wire or wireless means or by any other means that allow members of the public to access these intangible reproductions from a place and at a time individually chosen by them, provided that:- the word SPECIMEN is printed diagonally across the reproduction in Arial font or a font similar to Arial font. The length of the word SPECIMEN is at least 75 % of the length of the reproduction and the height of the word SPECIMEN is at least 15 % of the width of the reproduction, and is in a non-transparent (opaque) colour contrasting with the dominant colour of the respective euro banknote as specified in Article 1, and- the resolution of the electronic reproduction in its original size does not exceed 72 dpi (dots per inch).4. The ECB and the NCBs shall, upon receiving a written request, provide confirmation that reproductions not complying with the criteria of paragraph 3, insofar as they cannot be mistaken by the general public for a genuine euro banknote as specified in Article 1, are also lawful. Where a reproduction is produced in the territory of only one participating Member State, requests as referred to above shall be addressed to the NCB of that Member State. In all other cases, such requests shall be addressed to the ECB.5. Reproduction rules for euro banknotes also apply to euro banknotes that have been withdrawn or have lost their legal tender status under this Decision.Article 3Exchange of mutilated or damaged euro banknotes1. NCBs shall, upon request, and under the conditions laid down in paragraph 2, exchange mutilated or damaged genuine legal tender euro banknotes in the following cases:(a) when more than 50 % of the euro banknote is presented; or(b) when 50 % or less of the euro banknote is presented if the applicant proves that the missing parts have been destroyed.2. Further to paragraph 1 the following additional conditions apply to the exchange of mutilated or damaged legal tender euro banknotes:(a) where doubt exists as to the applicant's legal title to the euro banknotes or as to the authenticity of the euro banknotes: identification shall be provided by the applicant;(b) when ink-stained, contaminated or impregnated euro banknotes are presented: a written explanation as to the kind of stain, contamination or impregnation shall be provided by the applicant;(c) when the euro banknotes have been discoloured by activated anti-theft devices and they are presented by professional banknote handlers as referred to in Article 6(1) of Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting(4): a written statement on the cause and the nature of neutralisation shall be provided by the professional banknote handlers;(d) when the euro banknotes have been mutilated or damaged in bulk due to the use of anti-theft devices: they shall be presented in sets of 100 euro banknotes, provided that the amount of euro banknotes presented is sufficient to form such sets.3. Notwithstanding the above:(a) Where NCBs know or have sufficient reason to believe that the euro banknotes have been intentionally mutilated or damaged, they shall refuse to exchange and shall withhold the euro banknotes, in order to avoid the return of such euro banknotes into circulation or to prevent the applicant from presenting them to another NCB for exchange. However, they will exchange the mutilated or damaged euro banknotes if they either know or have sufficient reason to believe that applicants are bona fide, or if applicants can prove that they are bona fide. Euro banknotes which are mutilated or damaged to a minor degree, e.g. by having annotations, numbers or brief sentences placed on them, will in principle not be considered to be intentionally mutilated or damaged euro banknotes; and(b) Where NCBs know or have sufficient reason to believe that a criminal offence has been committed they shall refuse to exchange the mutilated or damaged euro banknotes and shall withhold them, against acknowledgement of receipt, as evidence to be presented to the competent authorities to initiate or to support an ongoing criminal investigation. Unless otherwise decided by the competent authorities, the euro banknotes shall be returned to the applicant at the end of the investigation and shall thereafter qualify for exchange.Article 4Establishment of a fee for the exchange of mutilated or damaged euro banknotes1. NCBs shall charge professional banknote handlers a fee when they request NCBs, in accordance with Article 3, to exchange legal tender euro banknotes that have been mutilated or damaged by using anti-theft devices.2. The fee shall amount to 10 cents per mutilated or damaged euro banknote.3. The fee shall only be charged if at least 100 mutilated or damaged euro banknotes are exchanged. The fee shall be charged for all exchanged euro banknotes.4. No fee shall be charged where euro banknotes have been mutilated or damaged in connection with an attempted or actual robbery or theft.Article 5Withdrawal of euro banknotesThe withdrawal of a euro banknote type or series shall be regulated by a decision of the Governing Council published for general information in the Official Journal of the European Union and other media. This Decision shall cover, as a minimum, the following points:- the euro banknote type or series to be withdrawn from circulation, and- the duration of the exchange period, and- the date on which the euro banknote type or series will lose its legal tender status, and- the treatment of the euro banknotes presented once the withdrawal period is over and/or they have lost their legal tender status.Article 6Final provisions1. Decisions ECB/2001/7 and ECB/2001/14 are hereby repealed.2. References to Decisions ECB/1998/6(5), ECB/1999/2(6), ECB/2001/7 and ECB/2001/14 shall be construed as references to this Decision.3. This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.Done at Frankfurt am Main, 20 March 2003.On behalf of the Governing Council of the ECBWillem F. Duisenberg(1) OJ L 139, 11.5.1998, p. 1.(2) OJ L 233, 31.8.2001, p. 55.(3) OJ L 5, 9.1.2002, p. 26.(4) OJ L 181, 4.7.2001, p. 6.(5) Decision ECB/1998/6 of 7 July 1998 on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes, OJ L 8, 14.1.1999, p. 36.(6) Decision ECB/1999/2 of 26 August 1999 amending the Decision ECB/1998/6 of 7 July 1998 on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes, OJ L 258, 5.10.1999, p. 29.


title: 2011/897/EU: European Council Decision of 19 December 2011 appointing a member of the Executive Board of the European Central Bank

text:
               29.12.2011

               EN

               Official Journal of the European Union

               L 345/21

         EUROPEAN COUNCIL DECISION
   of 19 December 2011
   appointing a member of the Executive Board of the European Central Bank
   (2011/897/EU)
   THE EUROPEAN COUNCIL,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 283(2) thereof,
   Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.2 thereof,
   Having regard to the recommendation of the Council of the European Union (1),
   Having regard to the opinion of the European Parliament (2),
   Having regard to the opinion of the Governing Council of the European Central Bank (3),
   Whereas:

               (1)

               By letter dated 10 November 2011, the President of the European Central Bank, Mr Mario DRAGHI announced the decision of Mr Lorenzo BINI SMAGHI to resign from his position on the Executive Board with effect from the end of 31 December 2011. It is therefore necessary to appoint a new member of the Executive Board of the European Central Bank.

               (2)

               The European Council wishes to appoint Mr Benoît COEURÉ who, in its view, fulfils all the requirements set out in Article 283(2) of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Benoît COEURÉ is hereby appointed a member of the Executive Board of the European Central Bank for a term of office of eight years as from 1 January 2012.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 19 December 2011.

            For the European Council

            The President

         H. VAN ROMPUY

      (1)  Not yet published in the Official Journal.

      (2)  Opinion delivered on 14 December 2011 (not yet published in the Official Journal).

      (3)  Opinion delivered on 8 December 2011 (not yet published in the Official Journal).


title: 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)

text:
               19.2.2013

               EN

               Official Journal of the European Union

               L 46/27

         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)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 42(4) and 43(2) thereof,
   Having regard to Council Decision 2013/34/CFSP of 17 January 2013 on a European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) (1), and in particular Article 4 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               By letter dated 24 December 2012, the President of the Republic of Mali addressed an invitation letter to the High Representative of the Union for Foreign Affairs and Security Policy welcoming the deployment of an EU military training mission in Mali.

               (2)

               On 17 January 2013, the Council adopted Decision 2013/34/CFSP.

               (3)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   The Mission Plan and the Rules of Engagement concerning the EU military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) are approved.
   Article 2
   EUTM Mali shall be launched on 18 February 2013.
   Article 3
   The Mission Commander of EUTM Mali is hereby authorised with immediate effect to start execution of EUTM Mali.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 18 February 2013.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 14, 18.1.2013, p. 19.


Avis juridique important

|

31996D0646(01)

96/646/EC: Council Decision of 11 November 1996 appointing three members and two alternate members of the Committee of the Regions

Official Journal L 293 , 16/11/1996 P. 0021 - 0021

COUNCIL DECISION of 11 November 1996 appointing three members and two alternate members of the Committee of the Regions (96/646/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 Council Decisions (EC) No 94/65 of 26 January 1994 (1) and (EC) No 95/15 of 23 January 1995 (2) appointing members and alternate members of the Committee of the Regions,Whereas three seats as members and two seats as alternate members of the Committee have become vacant following the resignations of Mr Giovanni Grasso, Mr Cristófol Soler I Cladera and Mr Javier Otano Cid, members, and Mr Pier Luigi Bersani and Mr Juan Cruz Alli Aranguren, alternate members, notified to the Council on 17 October 1996, 9 July 1996, 29 October 1996, 17 October 1996 and 29 October 1996 respectively;Having regard to the proposals from the Italian and Spanish Governments,HAS DECIDED AS FOLLOWS:Sole Article 1. Mr Antonio Rastrelli is hereby appointed a member of the Committee of the Regions in place of Mr Giovanni Grasso for the remainder of the latter's term of office, which runs until 25 January 1998.2. Mr Jaime Matas Palou is hereby appointed a member of the Committee of the Regions in place of Mr Cristófol Soler I Cladera for the remainder of the latter's term of office, which runs until 25 January 1998.3. Mr Miguel Sanz Sesma is hereby appointed a member of the Committee of the Regions in place of Mr Javier Otano Cid for the remainder of the latter's term of office, which runs until 25 January 1998.4. Mr Antonio La Forgia is hereby appointed an alternate member of the Committee of the Regions in place of Mr Pier Luigi Bersani for the remainder of the latter's term of office, which runs until 25 January 1998.5. Mr José María Aracama Yoldi is hereby appointed an alternate member of the Committee of the Regions in place of Mr Juan Cruz Alli Aranguren for the remainder of the latter's term of office, which runs until 25 January 1998.Done at Brussels, 11 November 1996.For the CouncilThe PresidentR. QUINN(1) OJ No L 31, 4. 2. 1994, p. 29.(2) OJ No L 25, 2. 2. 1995, p. 20.


title: Council Decision (EU) 2015/785 of 20 April 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the United Arab Emirates on the short-stay visa waiver

text:
               21.5.2015

               EN

               Official Journal of the European Union

               L 125/1

         COUNCIL DECISION (EU) 2015/785
   of 20 April 2015
   on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the United Arab Emirates on the short-stay visa waiver
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with Article 218(5), thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Regulation (EU) No 509/2014 of the European Parliament and the Council (1) transferred the reference to the United Arab Emirates from Annex I to Annex II of Council Regulation (EC) No 539/2001 (2).

               (2)

               That reference to the United Arab Emirates is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union.

               (3)

               On 9 October 2014, the Council adopted a decision authorising the Commission to open negotiations with the United Arab Emirates for the conclusion of an agreement between the European Union and the United Arab Emirates on the short-stay visa waiver (the ‘Agreement’).

               (4)

               Negotiations on the Agreement were opened on 5 November 2014 and were successfully finalised by the initialling thereof, by Exchange of Letters, on 20 November 2014.

               (5)

               The Agreementshould be signed, and the declarations attached to the Agreement should be approved, on behalf of the Union. The Agreement should be applied on a provisional basis as from the date of its signature, pending the completion of the procedures for its formal conclusion.

               (6)

               This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (7)

               This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union of the Agreement between the European Union and the United Arab Emirates on the short-stay visa waiver (the ‘Agreement’) is hereby authorised, subject to the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The declarations attached to this Decision shall be approved on behalf of the Union.
   Article 3
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 4
   The Agreement shall be applied on a provisional basis as from the date of signature thereof (5), pending the completion of the procedures for its conclusion.
   Article 5
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 20 April 2015.

            For the Council

            The President

         J. DŪKLAVS

      (1)  Regulation (EU) No 509/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 149, 20.5.2014, p. 67).

      (2)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

      (3)  Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

      (4)  Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

      (5)  The date of signature of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


title: Decision of the Representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council, of 29 June 1976 extending the period of validity of Decision 75/373/ECSC opening tariff preferences for products covered by that Community and originating in Israel

text:
   1 . 7. 76                      Official Journal of the European Communities                     No L 175/ 11
                                                     DECISION
             OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER
             STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING
                                               WITHIN THE COUNCIL,
                                                   of 29 Tune 1976
             extending the period of validity of Decision 75/373/ECSC opening tariff preferences
                          for products covered by that Community and originating in Israel
                                                   (76/567/ECSC)
             THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE
             EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL,
             Whereas pending the entry into force of the Agreement between the Member States of
             the European Coal and Steel Community and the State of Israel, signed on 11 May 1975,
             the Representatives of the Governments of the Member States adopted autonomously
             and concomitantly Decision 75/373/ECSC of 26 June 1975 opening tariff preferences
             for products covered by that Community and originating in Israel (*); whereas that
             Decision is applicable until 30 June 1976 at the latest;
             Whereas the said Agreement has not yet entered into force, and whereas the period
             of validity of the autonomous measures should be extended for six months;
             In agreement with the Commission,
             HAVE DECIDED AS FOLLOWS :
                                                       Article 1
             The date 30 June 1976 in Article 4 of Decision 75/373/ECSC is hereby replaced by the
             date 31 December 1976.
                                                       Article 2
             Member States shall adopt all the measures necessary for the implementation of this
             Decision.
             Done at Luxembourg, 29 June 1976.
                                                                           The President
                                                                            G. THORN
'i           (*) OJ No L 165, 28. 6. 1975, p. 76.


title: 2006/541/EC: Commission Decision of  20 July 2006  replacing the Annex to Decision 2005/769/EC laying down rules for the procurement of food aid by NGOs authorised by the Commission to purchase and mobilise products to be supplied under Council Regulation (EC) No 1292/96

text:
               4.8.2006

               EN

               Official Journal of the European Union

               L 214/50

      COMMISSION DECISION

   of 20 July 2006
   replacing the Annex to Decision 2005/769/EC laying down rules for the procurement of food aid by NGOs authorised by the Commission to purchase and mobilise products to be supplied under Council Regulation (EC) No 1292/96
   (2006/541/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European community,
   Having regard to Council Regulation (EC) No 1292/96 of 27 June 1996 on food-aid policy and food-aid management and special operations in support of food security (1), and in particular Article 19(1) thereof,
   Whereas:

               (1)

               Commission Decision 2005/769/EC of 27 October 2005 laying down the rules for the procurement of food aid by NGOs authorised by the Commission to purchase and mobilise products to be supplied under Council Regulation (EC) No 1292/96 and repealing its Decision of 3 September 1998 (2), fix the rules for the procurement of food aid by non-governmental organisations authorised by the Commission to purchase and mobilise products to be supplied under Regulation (EC) No 1292/96.

               (2)

               Regulation (EC) No 2110/2005 provides for an untying of aid in the framework of Community external assistance, and modifies consequently Regulation (EC) No 1292/96 as regards the rules of origin of the goods to be purchased and the rules of nationality for participating in tendering procedures.

               (3)

               In order to favour local and regional purchases, it should be made clear that only the goods purchased on the Community market should be consistent with the requirements laid down in the Communications from the Commission relating to the characteristics (3) and the packaging (4) of products to be supplied as Community food aid, while the goods purchased on the local or regional market should be compatible with local standards, if any, and otherwise with internationally recognised standards.

               (4)

               The untying of aid requires additional flexibility for contractual delivery terms, and it is therefore appropriate to provide that calls for tender launched and supply contracts entered into by non-governmental organisations for goods to be supplied as food aid specify delivery conditions in accordance with the latest edition of the International Commercial Terms (Incoterms), issued by the International Chamber of Commerce (5).

               (5)

               It is consequently appropriate to provide for inspection of the goods and delivery by an internationally recognised monitoring agency.

               (6)

               Decision 2005/769/EC should therefore be amended accordingly.

               (7)

               Pursuant to Article 29 of Regulation (EC) No 1292/96, the Food Aid and Food Security Committee will be informed of the present measure,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Annex to Decision 2005/769/EC is replaced by the text in the Annex to this Decision.
   Article 2
   This Decision takes effect on the date of its publication in the Official Journal of the European Union.

      Done at Brussels, 20 July 2006.

            For the Commission

         Louis MICHEL

            Member of the Commission

      (1)  OJ L 166, 5.7.1996, p. 1. Regulation as last amended by Regulation (EC) No 2110/2005 of the European Parliament and of the Council (OJ L 344, 27.12.2005, p. 1).

      (2)  OJ L 291, 5.11.2005, p. 24.

      (3)  OJ C 312, 31.10.2000, p. 1.

      (4)  OJ C 267, 13.9.1996, p. 1.

      (5)  http://www.iccwbo.org

      ANNEX

            ‘ANNEX
            The non-governmental organisation beneficiary of Community aid (hereinafter ‘the NGO’) shall be responsible for compliance with the following rules for the purchase of products to be supplied under Council Regulation (EC) No 1292/96 as Community food aid without prejudice to any additional financial management requirements included in the contract concluded with the beneficiary for implementing food aid policy.
            1.   PLACE OF PURCHASE OF THE GOODS
            Depending on the conditions laid down for a particular supply, products shall be purchased in in the recipient country, or in one of the developing countries listed in the Annex to Regulation (EC) No 1292/96, belonging if possible to the same geographical region as the recipient country, or in a Member State of the European Community.
            The origin of supplies and materials shall be determined in accordance with the rules of origin, and the derogations therefrom, set out in Regulation (EC) No 2110/2005 of the European Parliament and of the Council (1).
            In exceptional circumstances and in accordance with the procedure referred to in Article 11(2) of Regulation (EC) No 1292/96, the Commission may authorise products to be purchased on the market of a country other than those listed in the Annex to Regulation (EC) No. 1292/96, or of a Member State of the European Community.
            2.   CHARACTERISTICS OF THE PRODUCTS
            The products shall as much as possible match the nutritional habits of the beneficiary population. To the extent possible, priority should therefore be given to purchases in the country of operation or a neighbouring country.
            The characteristics of the products and their packaging shall respect quality standards laid down in the domestic legislation of the country of origin and/or the country of destination, whichever legislation has the higher quality standard. Where local legislation does not exist, internationally recognised standards such as Codex Alimentarius shall be respected to the extent possible.
            In the case that products are purchased in the European Community, their characteristics shall be consistent with the requirements laid down in the Communication from the Commission relating to the characteristics of products to be supplied as Community food aid (2). Furthermore, packaging shall be consistent with the requirements laid down in the Communication from the Commission relating to the packaging of products to be supplied as Community food aid (3).
            3.   NATIONALITY RULES
            Eligibility for participation in tendering procedures shall be determined in accordance with the rules of eligibility, and the derogations therefrom, set out in Regulation (EC) No 2110/2005.
            The tenderer must be legally registered and able to show proof of it on request.
            4.   GROUNDS FOR EXCLUSION FROM PARTICIPATION IN PROCUREMENT PROCEDURES AND FROM AWARD OF CONTRACTS
            4.1.   Grounds for exclusion from participation in procurement procedures
            Tenderers are excluded from participation in a procurement procedure if:

                        (a)

                        they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

                        (b)

                        they have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata;

                        (c)

                        they have been guilty of grave professional misconduct proven by any means which the beneficiary of the grant can justify;

                        (d)

                        they have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the grant beneficiary or those of the country where the contract is to be performed;

                        (e)

                        they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities’ financial interests;

                        (f)

                        following another procurement procedure or grant award procedure financed by the Community budget, they have been declared to be in serious breach of contract for failure to comply with their contractual obligations.

                  Tenderers must certify that they are not in one of the situations listed above.
            4.2.   Exclusion from award of contracts
            Contracts may not be awarded to tenderers who, during the procurement procedure:

                        (a)

                        are subject to a conflict of interest;

                        (b)

                        are guilty of misrepresentation in supplying the information required by the beneficiary of the grant as a condition of participation in the contract procedure or fail to supply this information.

                  5.   AWARD PROCEDURES
            5.1.   General provisions
            The NGO shall launch an international open invitation to tender for supply contracts with a value of EUR 150 000 or more. In the case of an international open invitation to tender, the NGO shall publish a tender notice in all appropriate media, in particular on the NGO’s web site, in the international press and the national press of the country in which the Action is being carried out, or in other specialist periodicals.
            Supply contracts for a value of EUR 30 000 or more but less than EUR 150 000 shall be awarded by means of an open tender procedure published locally. In the case of a local open tender procedure, the tender notice shall be published in all appropriate media but only in the country in which the Action is being carried out. It must however provide other eligible suppliers with the same opportunities as local firms.
            Supply contracts with a value of less than EUR 30 000 must be awarded by means of a competitive negotiated procedure without publication, in which the NGO consults at least three suppliers of its choice and negotiates the terms of the contract with one or more of them.
            Supply contracts with a value of less than EUR 5 000 may be awarded by a negotiated procedure on the basis of a single tender.
            The time-limits for receipt of tenders and requests to participate must be long enough to allow interested parties a reasonable and appropriate period to prepare and submit their tenders.
            Where the NGO uses a central buying office as service provider in conformity with Article 8.4 of Annex IV ‘Procurement by grant Beneficiaries in the context of European Community external actions’, it selects it in conformity with the procedures for service contracts set out in Article 4.1 and 4.2 thereof. The central buying office is obliged to adhere to the rules and conditions of this Decision and Annex, when purchasing food aid products on the market.
            5.2.   Negotiated procedure on the basis of a single tender
            The Beneficiary may use the negotiated procedure on the basis of a single tender in the following cases:

                        (a)

                        where, for reasons of extreme urgency brought about by events which the beneficiary could not have foreseen and which can in no way be attributed to him, the time-limit for the procedures referred to in section 5.1 cannot be kept. The circumstances invoked to justify extreme urgency must in no way be attributable to the beneficiary.
                        Actions carried out in crisis situations identified by the Commission are considered to satisfy the test of extreme urgency. The Commission will inform the beneficiary if a crisis situation exists and when it comes to an end;

                        (b)

                        for additional deliveries by the original supplier intended either as a partial replacement of normal supplies or installations or as the extension of existing supplies or installations, where a change of supplier would oblige the beneficiary to acquire equipment having different technical characteristics which would result in either incompatibility or disproportionate technical difficulties in operation and maintenance;

                        (c)

                        where the tender procedure has been unsuccessful, that is where no qualitatively and/or financially worthwhile tender has been received. In such cases, after cancelling the tender procedure, the beneficiary may negotiate with one or more tenderers of its choice, from among those that took part in the tender procedure, provided that the initial terms of the tender procedure are not substantially altered;

                        (d)

                        where the contract concerned is to be awarded to bodies with a de jure or de facto monopoly, which case must be duly substantiated in the award decision;

                        (e)

                        a direct agreement contract may be undertaken where warranted by the particular conditions of a supply and, in particular, in the case of an experimental supply.

                  5.3.   Obligations for the submission of a tender
            The tender notice shall specify the form and the deadline according to which the tenderer’s bid must be made.
            All requests to participate and tenders declared as satisfying the requirements must be evaluated and ranked by an evaluation committee on the basis of the exclusion, selection and award criteria announced in advance. This committee must have an odd number of members, at least three, with all the technical and administrative capacities necessary to give an informed opinion on the tenders.
            One single tender may be submitted for each lot. It shall be valid only if it relates to a complete lot. Where a lot is subdivided into part lots, the tender shall be established as an average thereof. Where the invitation to tender relates to the supply of more than one lot, a separate tender shall be submitted per lot. The tenderer is not obliged to present a tender for all the lots.
            Tenders shall provide:

                        —

                        the tenderer’s name and address,

                        —

                        the reference numbers of the invitation to tender, lot and action,

                        —

                        the net weight of the lot or the specific monetary amount to which the tender relates,

                        —

                        the proposed price per net metric tonne of product at the place of delivery as specified and in accordance with the conditions laid down in the request for tenders; or where the invitation to tender is for a contract to supply a maximum quantity of a given product for a specific monetary amount, the net quantity of products offered,

                        —

                        the transport costs from the place of loading to the place of delivery for the specified delivery stage,

                        —

                        the delivery deadline or delivery timeframe.

                  The tender shall be valid only if it is accompanied by evidence that a tendering guarantee has been lodged. The amount of the tendering guarantee, expressed in the currency of the payment, and the period of validity, shall be laid down in the tender notice. The guarantee shall represent minimum 1 % of the total amount of the bid, and the period of validity shall be at least one month.
            The guarantee shall be lodged in favour of the NGO in the form of a security from a credit establishment recognised by a Member State or accepted by the NGO. The guarantee shall be irrevocable and capable of being called at first request.
            In case of purchase in the country which is itself the beneficiary of the food aid, the NGO may define in the tender notice other conditions for the guarantee taking account of the customs of the country.
            The guarantee shall be released:

                        —

                        by a letter or a fax by the NGO where the tender has not been accepted or has been rejected, or where no contract has been awarded,

                        —

                        where the tenderer, designated as the supplier, has lodged the delivery guarantee.

                  The guarantee shall be forfeited if the supplier fails to provide the delivery guarantee within a reasonable deadline following the award of the contract and also if the tenderer withdraws his tender after it has been received.
            A tender which is not submitted in accordance with these provisions or contains reservations or conditions other than those laid down for in the invitation to tender shall be rejected.
            No tender may be changed or withdrawn after it has been received.
            The award shall be made to the tenderer who submitted the lowest tender respecting all the conditions of the invitation to tender, in particular the characteristics of the products to be mobilised. Where the lowest tender is presented simultaneously by a number of tenderers, the contract shall be awarded by the drawing of lots.
            When the contract is awarded, both the supplier and the unsuccessful tenderers shall be duly notified by letter or fax.
            The NGO may decide not to award the contract on the expiry of the first or of the second dead-line, in particular where the tenders submitted are outside the range of normal market prices. The NGO shall not be required to give reasons for its decision. Tenderers shall be informed of the decision not to award the contract by written notice, within three working days.
            6.   OBLIGATIONS OF THE SUPPLIER AND CONDITIONS OF SUPPLY
            The tender notice shall specify the contractual Incoterms delivery conditions relevant to the supply contract, and shall include the applicable Incoterms edition. The awarded supplier shall perform his obligations in accordance with all conditions laid down in the tender notice including those arising from the Incoterms and the ones arising from his tender.
            Unless specified otherwise in the tender notice and contract, the obligations for the supplier (seller) and the NGO (buyer) as laid down in the Incoterms shall apply.
            Where the Incoterms specified in the tender notice, obliges the supplier to take out a transport insurance policy this insurance shall be for at least the awarded tender amount and shall cover all risks associated with carriage and any other supply-related activity by the supplier up to the contractual stage of delivery specified. It shall also cover all costs of sorting, withdrawal or destruction of damaged goods, repacking, inspection and analysis of goods where the damage does not preclude their acceptance by the beneficiary.
            In case of carriage and delivery by maritime transport the goods may not be delivered in split consignments on more than one vessel, unless the NGO so agrees.
            In case of delivery by surface transport the goods may not be delivered other than by the contractually agreed transport mode, unless the NGO so agrees.
            In such cases where the supplier requests NGO agreement for a change in the transport mode or delivery schedule, the NGO shall as condition for its agreement require the supplier to bear the additional costs and especially the additional inspection and analysis costs.
            Where appropriate, the tender notice may specify a date before which any delivery will be considered premature.
            The supplier shall bear all risks, including loss or deterioration, to which the goods may be subject until completion of the supply and recording of that fact by the monitor in the final certificate of conformity (see point 7).
            Unless otherwise specified in the tender notice, the supplier shall notify the beneficiary and the monitor promptly in writing of the means of transport used, the loading dates, the expected date of arrival at the delivery place indicated in the contract, and any incident occurring while the goods are in transit.
            Unless specified otherwise in the tender notice and as per Incoterms conditions applicable to the contract, the supplier shall carry out the formalities relating to obtaining the export license, the in transit customs arrangements and the import customs clearance formalities, bearing the related costs and charges.
            In order to ensure that he meets his obligations, the supplier shall lodge a delivery guarantee within a reasonable deadline following the notification of the award of the contract. That guarantee, expressed in the currency of the payment, shall represent 5 to 10 % of the total amount of the tender. The period of validity shall end one month after the date of the final delivery. It shall be lodged in the same way as the tendering guarantee.
            The delivery guarantee shall be released in full by a letter or a fax by the NGO when the supplier:

                        —

                        has carried out the supply in compliance with all his obligations, or

                        —

                        has been released from his obligations,
                        or

                        —

                        has not carried out the supply for reasons of force majeure recognised by the NGO.

                  7.   MONITORING
            The NGO shall contract a ‘monitoring agency’ (an internationally recognised inspection company or grouping of internationally recognised companies preferably accredited to the standard norm ISO 45004 – ISO/IEC 17020 in the food products sector) As soon as the contract has been awarded, the NGO shall inform the supplier in writing of the choice of the monitoring agency. The tender notice shall specify the obligation for the supplier to inform in writing the monitoring agency of the name and address of the manufacturer, packer or stockholder of the goods to be delivered, and the approximate date of manufacture or packaging, as well as of the name of his representative at the place of delivery.
            The monitoring agency shall be responsible for verifying and certifying the quality, quantity, packing and marking of the goods to be delivered in respect of each supply, issuing the certificate of provisional conformity and the certificate of conformity at the contractual place of delivery. In this respect, the monitoring agency shall take into account the different characteristics of the products as stated in point 2 of this Annex.
            The NGO shall ensure in the contract that the monitoring agency commits itself to the following:

                        —

                        maintaining a complete independence,

                        —

                        not to accept any instructions from any other party than the buying NGO or its representatives, in particular not to accept instructions from the supplier, the consignees or any of their representatives, the donor representatives or other intermediaries involved in the operations under consideration,

                        —

                        preventing any conflict of interest between its activities under the contract with the NGO and any other activity it undertakes with a party involved in the operations under consideration.

                  The monitoring agency shall carry out at least two checks, based on terms of reference complying with international monitoring standards, as follows:

                        (a)

                        a provisional check on quality conformity shall be carried out before loading and a check on quantity when the goods are loaded. The final check shall be carried out after discharge at the place of delivery indicated in the supply contract;

                        (b)

                        when the provisional check is complete, the monitoring agency shall issue a provisional certificate of conformity to the supplier, subject to reservation if necessary. Transport from the place of loading can only start after the provisional certificate of conformity has been issued;

                        (c)

                        when the final check at the contractual place of delivery is complete, the monitoring agency shall issue a final certificate of conformity to the supplier specifying in particular the date of completion of the supply and the net quantity supplied; such certificate shall be subject to reservations if necessary;

                        (d)

                        where the monitoring agency after making the final check at the contractual place of delivery issues a reasoned ‘notice of reservation’, it shall notify the supplier and the buying NGO in writing as soon as possible. If the supplier wishes to dispute the findings with the monitoring agency and the buying NGO, he shall do so within two working days of dispatch of this notice.

                  The costs of the checks referred to above shall be invoiced to and paid by the NGO but are eligible costs for the Community, provided that they are included in the budget for the Grant Contract. The supplier shall bear any financial consequences in the event of qualitative shortcomings or late presentation of the goods for checking.
            If the supplier or the beneficiary objects to the findings of a check, the monitoring agency, after authorisation of the NGO, shall arrange for a review inspection involving, according to the nature of the objection, a review sampling, review analysis, and/or a reweighing or rechecking of the packaging. The review inspection shall be carried out by an agency or laboratory designated by agreement between the supplier, the final beneficiary and the monitoring agency.
            The costs of this review inspection shall be borne by the losing party.
            If the final certificate of conformity is not issued after the checks or review inspection has been carried out, the supplier shall be obliged to replace the goods.
            The replacement and related checks costs shall be borne by the supplier.
            The monitoring agency shall issue written invitations to the representatives of the supplier and of the final beneficiary to be present at the checking operations, in particular for the taking of samples to be used for analyses. The taking of samples shall be carried out in accordance with professional practice. When sampling is undertaken, the monitoring agency shall take two additional samples which shall be kept under seal at the NGO’s disposal for the purpose of any further check or in the event of objections being raised by the beneficiary or supplier.
            The cost of the goods taken as samples shall be borne by the supplier.
            The consignee/recipient of the goods shall sign the transport way bill for reception of the goods at the contractual delivery place and enter its observations on the physical state of the goods and packaging as visually established. The buying NGO or its representative shall issue a taking-over certificate to the supplier without delay after the goods have been supplied at the contractual delivery place and the supplier has provided the buying NGO with the original of the final certificate of conformity issued by the monitoring company, and with a pro forma invoice establishing both the value of the goods and their transfer to the beneficiary free of charge.
            Accepted tolerances for weight and or quantity delivered at the contractual place of delivery are to be indicated in the contract terms.
            The supplier cannot demand payment for quantities delivered above the contractual quantities.
            8.   DELIVERY CONDITIONS AND TERMS OF PAYMENT
            Goods shall be supplied in accordance with one of the following International Commercial Terms (Incoterms):

                        —

                        EXW: Ex Works (… named place)

                        —

                        FCA: Free Carrier (… named place)

                        —

                        FAS: Free Along Side Ship (… named port of shipment)

                        —

                        FOB: Free On Board (… named port of shipment)

                        —

                        CFR: Cost and Freight (… named port of destination)

                        —

                        CIF: Cost, Insurance and Freight (… named port of destination)

                        —

                        CPT: Carriage Paid To (… named place of destination)

                        —

                        CIP: Carriage and Insurance Paid To (… named place of destination)

                        —

                        DAF: Delivered at Frontier (… named place)

                        —

                        DES: Delivered ex Ship (… named port of destination)

                        —

                        DEQ: Delivered ex Quay (… named port of destination)

                        —

                        DDU: Delivered Duty Unpaid (… named place of destination)

                        —

                        DDP: Delivered Duty Paid (… named place of destination)

                  The sum to be paid by the buying NGO to the supplier shall not exceed the amount of the tender plus any costs, less any reduction provided for below.
            Where the quality, the packaging or the marking of the goods at the place of loading and the contractual place of delivery indicated in the tender do not correspond to the contract specifications, without being such as to have prevented the issuance of a provisional certificate of conformity or taking over certificate, the NGO, in calculating the sum to be paid, may apply reductions.
            The contract terms shall specify the procedure for establishing reductions for quality deviation as well as reductions for delivery beyond the contractual delivery period or date.
            Payments to suppliers shall be the net amount resulting after deducting calculated reductions from the amounts invoiced by the supplier. In case such reductions cannot be deducted from the payment, the reductions shall be effected by full or partial collection of the delivery guarantee.
            The NGO may repay to the supplier, at his written request, certain additional incurred cash outlay costs, such as warehousing or insurance actually paid by the supplier, but excluding any administrative costs, which the NGO shall assess on the basis of appropriate supporting documents, provided a taking-over certificate or delivery certificate has been issued without reservations relating to the nature of the costs claimed, and in the event of:

                        —

                        an extension of the delivery period at the recipient’s request, or

                        —

                        a delay exceeding 30 days between the date of delivery and the issue of the taking-over certificate, or the issue of the final certificate of conformity.

                  The sum to be paid shall be payable at the supplier’s request submitted in duplicate.
            A request for payment of the full amount of the tender or balance thereof shall be accompanied by the following documents:

                        —

                        an invoice for the sum claimed,

                        —

                        the original of the taking-over certificate,

                        —

                        a copy signed and certified by the supplier as conforming to the original of the final certificate of conformity.

                  When 50 % of the total quantity lay down in the tender notice has been delivered, the supplier may present a request for advance payment accompanied by an invoice for the sum claimed and a copy of the provisional certificate of conformity.
            All requests for payment of the full amount of the tender or balance thereof shall be presented to the NGO after issuance of the taking-over certificate. All payments shall be made within 60 days of the receipt by the NGO of a complete and accurate request for payment. Unjustified delays shall attract post-maturity interest at the monthly rate applied by the European Central Bank (Interest rate applied by the European Central Bank to its main refinancing operations).
            9.   FINAL PROVISION
            It shall be for the NGO to decide whether the supplier’s failure to supply the goods or to fulfil one of his obligations may be due to force majeure. Costs resulting from a case of force majeure recognised by the NGO shall be borne by the latter. The Commission must be informed of the reasons why the NGO accepted a force majeure situation. However, such a situation can never be claimed in the case of failures attributable to the NGO and/or its subcontractors.
            Where duly justified and accepted by the Commission, costs incurred in a force majeure situation may be considered as eligible direct costs and be recovered only within the limits foreseen for contingencies in the budget of the action.’

         (1)  OJ L 344, 27.12.2005, p. 1.

         (2)  OJ C 312, 31.10.2000, p. 1.

         (3)  OJ C 267, 13.9.1996, p. 1.


Avis juridique important

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31992D0604

92/604/Euratom: Commission Decision of 21 December 1992 concerning the conclusion on behalf of the European Atomic Energy Community of the Agreement between the European Economic Community and the European Atomic Energy Community and Lithuania on trade and commercial and economic cooperation

Official Journal L 403 , 31/12/1992 P. 0030 - 0030 Finnish special edition: Chapter 11 Volume 20 P. 0127  Swedish special edition: Chapter 11 Volume 20 P. 0127

COMMISSION DECISION of 21 December 1992 concerning the conclusion  on behalf of the European Atomic Energy Community of the Agreement between the European Economic  Community and the European Atomic Energy Community and Lithuania on trade and commercial and  economic cooperation (92/604/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 Agreement between the European Economic Community and the European Atomic Energy  Community and Lithuania on trade and commercial and economic cooperation was signed on 11 May  1992, Whereas by Decision 92/603/EEC, Euratom of 21 December 1992 (1) the Council approved the said  Agreement for the purposes of conclusion by the Commission on behalf of the European Atomic Energy  Community; Whereas the said Agreement should be concluded on behalf of the European Atomic Energy Community, HAS DECIDED AS FOLLOWS: Article 1The Agreement between the European Economic Community and the  European Atomic Energy Community and Lithuania on trade and commercial and economic cooperation is  hereby concluded on behalf of the European Atomic Energy Community. The text of the Agreement is annexed to the present Decision (2). Article 2The President of the Commission shall give the notification provided for in Article 21  of the Agreement on behalf of the European Atomic Energy Community. Done at Brussels, 21 December 1992. For the CommissionThe PresidentJacques DELORS(1) See page 19 of this  Official Journal. (2) See page 19 of this Official Journal.