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31999D0852

1999/852/EC: Council Decision of 6 December 1999 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Romani

Official Journal L 335 , 28/12/1999 P. 0015 - 0021

COUNCIL DECISIONof 6 December 1999on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Romania(1999/852/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant States in the framework of the pre-accession strategy, and in particular on the establishment of Accession Partnerships(1), and in particular to Article 2 thereof,Having regard to the proposal from the Commission,Whereas:(1) the Luxembourg European Council stated that the Accession Partnership is a new instrument and the key feature of the enhanced pre-accession strategy;(2) Regulation (EC) No 622/98 sets out that the Council is to decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities, intermediate objectives and conditions contained in the individual Accession Partnerships, as they are submitted to each applicant State, as well as on subsequent significant adjustments applicable to them;(3) Community assistance is conditional on the fulfillment of essential elements, and in particular on the respect of the commitments contained in the Europe Agreements and on progress towards fulfillment of the Copenhagen criteria; where an essential element is lacking, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps with regard to any pre-accession assistance;(4) the Luxembourg European Council decided that the implementation of the Accession Partnership and progress in adopting the acquis will be examined in the Europe Agreement bodies;(5) the 1999 Commission's Regular Report presented an objective analysis on Romania's preparations for membership and identified a number of priority areas for further work;(6) in order to prepare for membership, Romania should update its national programme for the adoption of the acquis; this programme should set out a timetable for achieving the priorities and intermediate objectives established in the Accession Partnership,HAS DECIDED AS FOLLOWS:Article 1In accordance with Article 2 of Regulation (EC) No 622/98, the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership for Romania are set out in the Annex hereto, which forms an integral part of this Decision.Article 2The implementation of the Accession Partnership shall be examined in the Europe Agreement bodies and by the appropriate Council bodies to which the Commission shall report regularly.Article 3This Decision shall take effect on the third day following that of its publication in the Official Journal of the European Communities.Done at Brussels, 6 December 1999.For the CouncilThe PresidentT. HALONEN(1) OJ L 85, 20.3.1998, p. 1.ANNEXROMANIA: 1999 ACCESSION PARTNERSHIP1. OBJECTIVESThe purpose of the Accession Partnership is to set out in a single framework the priority areas for further work identified in the Commission's 1999 Regular Report on the progress made by Romania towards membership of the European Union, the financial means available to help Romania implement these priorities and the conditions which will apply to that assistance. This Accession Partnership provides the basis for a number of policy instruments which will be used to help the candidate States in their preparations for membership. These include, inter alia, the revised National Programme for the adoption of the acquis, the Joint Assessment of medium-term economic policy priorities, the Pact against organised crime as well as the National Development Plans and other sectoral plans necessary for the participation in Structural Funds after membership and for the implementation of ISPA and Sapard before accession. Each of these instruments is different in nature and is prepared and implemented according to specific procedures. They are not an integral part of this Partnership but the priorities they contain will be compatible with it.2. PRINCIPLESThe main priority areas identified for each candidate State relate to their ability to take on the obligations of meeting the Copenhagen criteria which state that membership requires:- that the candidate State has achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities,- the existence of a functioning market economy, as well as the capacity to cope with competitive pressure and market forces within the Union,- the ability to take on the obligations of membership, including adherence to the aims of political, economic and monetary union.At its meeting in Madrid, the European Council stressed the need for the candidate States to adjust their administrative structures to ensure the harmonious operation of Community policies after accession and at Luxembourg, it stressed that incorporation of the acquis into legislation is necessary, but not in itself sufficient; it is necessary to ensure that it is actually applied.3. PRIORITIES AND INTERMEDIATE OBJECTIVESThe Commission's Regular Reports have highlighted the extent of the efforts which still have to be made in certain areas by the candidate States to prepare for accession. This situation requires the definition of intermediate stages in terms of priorities, each to be accompanied by precise objectives to be set in collaboration with the States concerned, the achievement of which will condition the degree of assistance the progress of the negotiations under way with some States and the opening of new negotiations with the others. The priorities and intermediate objectives in the revised Accession Partnerships ate again divided into two groups, short- and medium-term. Those listed under the short term have been selected on the basis that it is realistic to expect that Romania can complete or take them substantially forward by the end of 2000. The priorities listed under the medium term are expected to take more than one year to complete although work should, wherever possible, also begin on them during 2000. The progress made in meeting the priorities of the 1998 Accession Partnership is assessed in the 1999 Regular Report. This assessment has been used in formulating the priorities for the current partnership.Romania submitted a revised version of its National programme for the adoption of the acquis (NPAA) on 14 June 1999. It sets out a timetable for achieving priorities and intermediate objectives, based on the first Accession Partnership, as well as necessary administrative structures and financial resources.The Accession Partnership indicates the priority areas for Romania's membership preparations. Romania will nevertheless have to address all issues identified in the Regular Report. It is also important that Romania fulfils the commitments of legislative approximation and implementation of the acquis in accordance with the commitments made under the Europe Agreement, the screening exercise and the negotiation process. It should be recalled that incorporation of the acquis into legislation is not in itself sufficient; it will also be necessary to ensure that it is actually applied to the same standards as those which apply within the Union. In all of the areas listed below there is a need for credible and effective implementation and enforcement of the acquis.Drawing on the analysis of the Commission's Regular Report, the following short and medium term priorities and intermediate objectives have been identified for Romania.3.1. Short-term (2000)Political criteria:- guarantee adequate budgetary provisions for the support of children in care and undertake a full reform of the childcare system as well as of provisions for the treatment of children and adults with chronic diseases and handicaps,- strengthen dialogue between the Government and the Roma community with a view to elaborating and implementing a strategy to improve economic and social conditions of the Roma and provide adequate financial support to minority programmes.Economic criteria:- restore macroeconomic stability, in particular through the implementation of structural reform and establish a medium term strategy; agree on a joint assessment with the European Commission,- sustain implementation of the agreements concluded with the International Monetary Fund, the World Bank and the European Union,- continue restructuring of public finances,- take measures to ensure the functioning of a land market and establishment of a nationwide land and property register,- promote competitiveness through market-driven enterprise restructuring (including for small- and medium-sized enterprises), take measures to stimulate domestic and foreign investment, in particular through simplification of legal and administrative procedures and stabilisation of the rules governing privatisation and business operation; implement new bankruptcy procedures,- adopt a plan for restructuring the steel sector in line with European Union requirements.Internal market:- public procurement: implement legislation on public procurement,- intellectual and industrial property rights: align and enforce trademark, copyright and neighbouring rights legislation; reinforce administrative capacity and the fight against counterfeiting especially by strengthening border controls,- data protection: adopt national legislation, including the establishment of an independent supervisory authority,- free movement of goods: adopt framework legislation transposing: new and global approach principles and create compatible administrative infrastructure; adopt framework laws on chemicals and foodstuffs; continue transposition of technical rules in the car sector,- free movement of services: adopt legislation transposing: (i) directive on insurance undertakings and insurance supervision, (ii) directives on securities and regulated markets, (iii) directives on undertakings for collective investments in transferable securities; strengthen the capacities of the financial sector supervision agencies,- competition: adopt secondary legislation to further approximate the basic competition and state aids legislation, strengthen the competition council and competition office, continue to providing complete annual State aid reports; finalise the inventory on State aid,- audiovisual: complete alignment of legislation,- taxation: harmonise VAT legislation and excise, with particular attention to eliminating the discrimination between imported and domestic cigarettes; ensure that new tax measures comply with the principles of the code of conduct for business taxation,- customs: apply measures to combat fraud and corruption.Agriculture:- continue the alignment of veterinary and phytosanitary legislation and upgrade inspection arrangements, in particular at the future external borders of the European Union,- continue the establishment of a nationwide animal identification system,- adopt a law on control of pesticides in agriculture and start the establishment of a control system for residual pesticides in agricultural products,- establish a vineyard register and strengthen the management and control systems in the wine sector.Transport:- align legislation on maritime safety standards.Employment and Social Affairs:- support social partners' capacity-building efforts, notably in bipartite social dialogue, to develop and implement the acquis,- prepare a national employment strategy, with the help of the Joint Employment Policy Review, with a view to later participation in the European Employment strategy.Environment:- draw up detailed directive specific approximation and implementation programmes,- transpose access to information legislation, nature protection, and radiation protection legislation,- prepare framework laws for air, waste, water quality industrial pollution (IPPC, large combustion plants, Seveso II),- strengthen the environmental administration both at national and regional levels,- develop a plan for financing investments (directive specific), based on estimations of costs of alignment and realistic sources of public and private finance year-by-year,- complete transposition and enforce the environmental impact assessment directive.Justice and home affairs:- implement law on the Romanian state frontiers including the merger of the Border Guard and the Border Police; speed up the demilitarisation of the bodies subordinated to the Ministry of the Interior; strengthen border controls to prevent illegal immigration and to enable full participation in the Schengen Information System,- upgrade law enforcement bodies and the judiciary to continue the fight against organised crime, drug trafficking and corruption; ensure better coordination between law enforcement bodies,- adopt a law on prevention of and fight against corruption and establishment of an independent anti-corruption department; strengthen capacities to deal with money laundering; ratify the European convention on laundering of proceeds of crime and the European Criminal Law Convention on Corruption, sign the OECD Convention on Bribery,- adopt law on aliens and law on refugees; increase the transparency and accelerate the application of asylum procedures.Reinforcement of administrative and judicial capacity including capacity to manage and control European Union funds:- adopt and implement a law on the civil service,- Phare(1), ISPA(2) and Sapard(3): further develop the National Development Plan and the Rural Development Plan; adopt the legal, administrative and budgetary framework (audit manual and audit trail) to programme and manage ISPA and Sapard, including the introduction of environmental impact assessments and European Union compatible public procurement rules for projects co-financed by Community Funds; establish a functioning paying agency for Sapard,- improve the functioning of the judiciary including: (i) adoption of a new penal code; (ii) adoption of the law on penal procedure, (iii) limit the use of pre-trial detention, (iv) facilitate access to legal advice and representation, (v) extend the court information system to all courts, (vi) improve the enforcement of civil judicial decisions,- start to introduce a programme-oriented budgeting system allowing for multiannual commitments, strengthen the budget execution process, improve revenue collection and fiscal mobilisation; strengthen the Public Procurement Department in the Ministry of Finance,- complete the legislative framework for internal and external financial control; strengthen the central organisation within the Ministry of Finance for harmonising internal audit/control units in spending centres, and introduce "functional independence" for national internal controllers/auditors at both central and decentralised levels and ex-ante financial control,- start preparation for the introduction of the performance audit and audit methodology by the Courts of Auditors,- train law enforcement agents in issues related to competition, intellectual and industrial property and consumer protection.3.2. Medium-termPolitical criteria:- consolidate reform and improve the conditions for the children in care,- continue to implement strategy to improve economic and social conditions of the Roma; implement measures aimed at fighting discrimination (including within the public administration); foster employment opportunities and increase access to education,- complete the demilitarisation of the police and the bodies subordinated to the Ministry of Interior.Economic criteria:- consolidate the legal and policy framework for resumption of sustainable economic growth, and complete privatisation process,- establish an annual fiscal surveillance procedure aimed at bringing the reporting, monitoring and control of public finances, specifically fiscal positions, in line with European Union procedures,- continue efforts to improve the conditions for the creation and development of private enterprises, with particular attention to small- and medium-sized enterprises,- implement the steel restructuring programme.Internal market:- intellectual and industrial property rights: complete alignment and reinforce implementation structures,- free movement of goods: start implementation of new approach directives, adopt new legislation on pharmaceuticals, start alignment of the remaining traditional technical legislation, establish a market surveillance system,- free movement of persons: complete alignment of mutual recognition of diplomas,- competition: ensure that price control practices are in line with competition rules; reinforce the anti-trust and State aid authorities,- consumer protection: continue alignment and strengthen market surveillance and enforcement authorities,- telecommunications: guarantee the independence of the regulatory body and strengthen its capacity,- taxation: complete alignment of VAT and excise duties; review existing laws and ensure compatibility with the code of conduct for business taxation; strengthen administration cooperation and mutual assistance; improve the efficiency of the tax administration (organisation, human resources and computerisation),- customs: apply of simplified procedures; reinforce administrative and operational capacity, including border control; complete the integrated tariff.Agriculture:- reinforce common agricultural policy management mechanisms and administrative structures (monitor agricultural markets and implement structural and rural development measures, set up bodies and control mechanisms),- reinforcement food control administration and continue to modernise the agrifood sector to meet European Union hygiene and public health standards,- complete system of animal identification; implement quality control system (hazard analysis critical control point), animal waste treatment, modernise meat and dairy plants residue and zoonosis control programmes; complete inspection systems on future external borders.Fisheries:- develop capacity to implement and enforce the common fisheries policy.Energy:- prepare for the internal energy market, notably by adopting legislation to implement the gas and electricity directives,- align energy pricing, energy efficiency and fuel quality standards; implement the acquis on oil stocks,- continue to ensure high levels of nuclear safety at Cernovoda nuclear power plant,- strengthen regulatory structures for nuclear safety and radiation protection.Transport:- align on the acquis in particular on maritime transport, aviation (in particular air safety and air traffic management) rail, road freight sectors (rules for dangerous goods, safety rules and taxation) and inland waterways (technical requirements for vessels).Employment and social affairs:- transpose and implement European Union legislation in the field of occupational health and safety (including the framework directive), labour law, equal treatment of women and men, and public health; reinforce the related administrative structures and those required for the coordination of social security,- establish an independent guarantee fund for employees in case of employer's insolvency.Economic and social cohesion:- develop national policy for economic and social cohesion; prepare for the implementation of regional development programmes as well as Community initiatives; improve inter-ministerial coordination for structural funds and establish a budgetary system and procedures allowing for pluriannual commitments and manage it according to structural funds standards, including appraisal and evaluation.Environment:- continue implementation of approximation programmes notably full transposition in the air, waste and water sectors and complete transposition on noise, chemicals and genetically modified organisms,- integrate sustainable development principles into the definition and implementation of all other sectoral policies,- develop the monitoring and enforcement capacity in particular through decentralisation to environmental protection agencies.Justice and home affairs:- continue progressive alignment of visa legislation and practice with that of the European Union,- adopt and apply the international instruments related to the fight against drug trafficking, in particular the Agreement on illicit traffic by sea, implementing Article 17 of the United Nations Convention against illicit trafficking in narcotic drugs and psychotropic substances,- reinforce the independence of the judiciary, introduce objective criteria for recruitment and career development,- continue the fight against trafficking in women and children.Reinforcement of administrative and judicial capacity including the capacity to manage and control European Union Funds:- implement a comprehensive public administration reform programme with a view to improving the capacity of the public administration to implement and manage the acquis,- ensure training of prosecutors, judges and lawyers in European Union law,- strengthen public financial control functions through the provision of adequate staff, training and equipment,- strengthen the Romanian statistical system with a view to reach compliance with European Cummunity norms and standards.4. PROGRAMMINGThe Phare allocation for the period 1995 to 1999 has totalled EUR 649 million. Following the agreement of the European Council in Berlin on 24 and 25 March 1999, financial assistance to the applicant States during the period 2000 to 2006 will also comprise support for pre-accession measures for agriculture and rural development through the pre-accession instrument Sapard (Council Regulation (EC) No 1268/1999, OJ L 161, 26.6.1999, p. 87) and a structural instrument ISPA (Council Regulation (EC) No 1267/1999, OJ L 161, 26.6.1999, p. 73) which will give priority to measures similar to the cohesion fund in the pre-accession period. Under these national allocations, Romania can also fund part of its participation in Community programmes including in the Fifth Research and Technological Development Framework Programme (OJ L 26, 1.2.1999, p. 1). In addition Romania will have access to funding from multi-State programmes directly related to the acquis. Joint financing by the applicant States is systematically required for all investment projects. Since 1998 the Commission has worked with the European Investment Bank and international financial institutions, in particular the European Bank for Reconstruction and Development and the World Bank, with a view to facilitating the co-financing of projects relating to pre-accession priorities.5. CONDITIONALITYCommunity assistance for financing projects through the three pre-accession instruments Phare, ISPA and Sapard is conditional on respect by Romania of its commitments under the Europe Agreement, further steps towards satisfying the Copenhagen criteria and in particular progress in meeting the specific priorities of this Accession Partnership in 2000. Failure to respect these general conditions could lead to a decision by the Council on the suspension of financial assistance on the basis of Article 4 of Regulation (EC) No 622/98.6. MONITORINGThe implementation of the Accession Partnership is monitored in the framework of the Europe Agreement. As underlined by the European Council in Luxembourg it is important that the institutions of the Europe Agreement continue to be the framework within which the adoption of the acquis can be examined, in accordance with the same procedures, irrespective of whether or not negotiations have been opened. The relevant sections of the Accession Partnership are discussed in the appropriate subcommittee. The Association Committee discusses overall developments, progress and problems in meeting its priorities and intermediate objectives as well as more specific issues referred to it from the subcommittees.The Phare Management Committee ensures that financing decisions under all three pre-accessions instruments, Phare, ISPA and Sapard, are compatible with each other as well as with the Accession Partnerships as laid down in the Coordinating Regulation (Council Regulation (EC) No 1266/1999, (OJ L 161, 26.6.1999, p. 68).The Accession Partnership will continue to be amended as necessary in accordance with Article 2 of Regulation (EC) No 622/98.(1) Phare = Action plan for coordinated aid to Poland and Hungary.(2) ISPA = Instrument for Structural Policies for Pre-Accession.(3) Sapard = Special Accession Programme for Agriculture and Rural Development.


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32001D0860

2001/860/EC: Commission Decision of 26 November 2001 adjusting the weightings applicable from 1 February, 1 March, 1 April, 1 May and 1 June 2001 to the remuneration of officials of the European Communities serving in third countries (notified under document number C(2001) 3625)

Official Journal L 321 , 06/12/2001 P. 0031 - 0033

Commission Decisionof 26 November 2001adjusting the weightings applicable from 1 February, 1 March, 1 April, 1 May and 1 June 2001 to the remuneration of officials of the European Communities serving in third countries(notified under document number C(2001) 3625)(2001/860/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68(1), as last amended by Regulation (EC, ECSC, Euratom) No 1986/2001(2), and in particular the second paragraph of Article 13 of Annex X thereto,Whereas:(1) Pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, Council Regulation (EC, ECSC, Euratom) No 1794/2001(3) laid down the weightings to be applied from 1 January 2001 to the remuneration of officials serving in third countries, payable in the currency of their country of employment.(2) The Commission has made a number of adjustments to these weightings(4) in recent months, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations.(3) Some of these weightings should be adjusted with effect from 1 February, 1 March, 1 April, 1 May and 1 June 2001, given that the statistics available to the Commission show that in certain third countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted,DECIDES:Sole ArticleWith effect from 1 February, 1 March, 1 April, 1 May and 1 June 2001 the weightings applicable to the remuneration of officials serving in third countries payable in the currency of their country of employment are adjusted as shown in the Annex.The exchange rates for the calculation of such remuneration shall be those used for implementation of the general budget of the European Communities for the month preceding the dates referred to in the first paragraph.Done at Brussels, 26 November 2001.For the CommissionChristopher PattenMember of the Commission(1) OJ L 56, 4.3.1968, p. 1.(2) OJ L 271, 12.10.2001, p. 1.(3) OJ L 244, 14.9.2001, p. 1.(4) OJ L 144, 30.5.2001, p. 29.ANNEX>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>


title: 2014/283/EU: Council Decision of 14 April 2014 on the conclusion, on behalf of the European Union, of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity  Text with EEA relevance

text:
               20.5.2014

               EN

               Official Journal of the European Union

               L 150/231

         COUNCIL DECISION
   of 14 April 2014
   on the conclusion, on behalf of the European Union, of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity
   (Text with EEA relevance)
   (2014/283/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1), in conjunction with Article 218(6)(a)(v) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

               The Union and its Member States joined the consensus of the 193 Parties to the Convention on Biological Diversity (‘CBD’) (2) that adopted the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (‘Nagoya Protocol’) on 29 October 2010.

               (2)

               In accordance with Council Decision of 6 May 2011 (3), the Nagoya Protocol was signed by the Union, subject to its conclusion at a later date. Most Member States have signed the Nagoya Protocol.

               (3)

               The Union is committed to the swift implementation and ratification of the Nagoya Protocol.

               (4)

               In accordance with Article 34 of the CBD, any protocol to the CBD is subject to ratification, acceptance or approval by States and by regional economic integration organisations.

               (5)

               The Union and its Member States should endeavour to deposit simoultaneously, to the extent possible, their instruments of ratification, acceptance or approval of the Nagoya Protocol.

               (6)

               The Nagoya Protocol should therefore be approved on behalf of the Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity is hereby approved on behalf of the Union.
   The text of the Nagoya Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to deposit, on behalf of the Union, as regards matters falling within the Union’s competence, the instrument of approval provided for in Article 33 of the Nagoya Protocol (4). At the same time, such person(s) shall deposit the declaration set out in the Annex to this Decision, in accordance with Article 34(3) of the Convention on Biological Diversity.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 14 April 2014.

            For the Council

            The President

         A. TSAFTARIS

      (1)  Not yet published in the Official Journal.

      (2)  OJ L 309, 13.12.1993, p. 3.

      (3)  Not yet published in the Official Journal.

      (4)  The date of entry into force of the Nagoya Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.

      ANNEX

         Declaration by the european union in accordance with article 34, paragraph 3, of the convention on biological diversity

      ‘The European Union declares that, in accordance with the Treaty on the Functioning of the European Union, and in particular Article 191 thereof, it is competent for entering into international agreements, and for implementing the obligations resulting therefrom, which contribute to the pursuit of the following objectives:

                  —

                  preserving, protecting and improving the quality of the environment;

                  —

                  protecting human health;

                  —

                  prudent and rational utilisation of natural resources;

                  —

                  promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combatting climate change.

            Moreover, the European Union adopts measures at Union level for establishing a European Research Area and for the proper functioning of its internal market.
      The exercise of Union competence is by its nature subject to continous development. In order to comply with its obligations under Article 14(2)(a) of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, the Union will keep up-to-date the list of legal instruments to be transmitted to the Access and Benefit-Sharing Clearing-House.
      The European Union is responsible for the performance of those obligations resulting from this Protocol which are covered by Union law in force.’


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32002D0063

2002/63/EC: Council Decision of 23 October 2001 relating to the conclusion of a Protocol adjusting trade aspects of the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part, to take account of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the outcome of the Uruguay Round negotiations on agriculture, including improvements to the existing preferential arrangements

Official Journal L 027 , 30/01/2002 P. 0001 - 0002

Council decisionof 23 October 2001relating to the conclusion of a Protocol adjusting trade aspects of the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part, to take account of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the outcome of the Uruguay Round negotiations on agriculture, including improvements to the existing preferential arrangements(2002/63/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas the Protocol adjusting trade aspects of the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part, hereinafter referred to as "the Protocol", should be approved with a view to taking account of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the outcome of the Uruguay Round negotiations on agriculture, including improvements to the existing preferential arrangements;Whereas the Commission should be authorised to take measures to implement the Protocol, notably with regard to basic and processed agricultural products;Whereas Regulations (EC) Nos 1595/97(1) and 656/98(2) brought forward the implementation of certain provisions of the Protocol relating to basic and processed agricultural products, respectively; whereas, therefore, appropriate measures should be taken to ensure a smooth transition between the preferential arrangements applied under those Regulations and those provided for by the Protocol;Whereas the Additional Protocol to the Europe Agreement on trade in textile products between the European Community and the Republic of Poland was last amended by Decision 96/224/EC(3),HAS DECIDED AS FOLLOWS:Article 1The Protocol adjusting trade aspects of the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part, to take account of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the outcome of the Uruguay Round negotiations on agriculture, including improvements to the existing preferential arrangements, is hereby approved on behalf of the Community.The text of the Protocol is attached to this Decision.Article 21. Detailed rules for the application of this Decision shall be adopted by the Commission according to the procedure provided for in Article 23 of Regulation (EEC) No 1766/92(4) or, as appropriate, the relevant provisions of other Regulations on the common organisation of the market, Regulation (EC) No 3448/93(5) or Regulation (EC) No 3066/95(6).2. Upon this Decision taking effect, any rules adopted by the Commission pursuant to Article 8 of Regulation (EC) No 3066/95, implementing the concessions covered by the Protocol, shall be deemed to be governed by paragraph 1 above.Article 3The President of the Council shall, on behalf of the Community, give the notification provided for in Article 8 of the Protocol.Done at Luxembourg, 23 October 2001.For the CouncilThe PresidentA. Neyts-Uyttebroeck(1) OJ L 216, 8.8.1997, p. 1.(2) OJ L 90, 25.3.1998, p. 1.(3) OJ L 81, 30.3.1996, p. 264.(4) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EC) No 1666/2000 (OJ L 93, 29.7.2000, p. 1).(5) OJ L 318, 20.12.1993, p. 18. Regulation as last amended by Regulation (EC) No 2580/2000 (OJ L 298, 25.11.2000, p. 5).(6) OJ L 328, 30.12.1995, p. 31. Regulation as last amended by Regulation (EC) No 2435/98 (OJ L 303, 13.11.1999, p. 1).


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32002D0956

2002/956/JHA: Council Decision of 28 November 2002 setting up a European Network for the Protection of Public Figures

Official Journal L 333 , 10/12/2002 P. 0001 - 0002

Council Decisionof 28 November 2002setting up a European Network for the Protection of Public Figures(2002/956/JHA)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 30(1)(a) and (c) and Article 34(2)(c) thereof,Having regard to the initiative of the Kingdom of Spain(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) Apart from the Council Recommendation of 6 December 2001 setting a common scale for assessing threats to public figures visiting the European Union(3), no Union legislation, standards or manuals of a general nature exist to govern the protection of public figures, whether they be national public figures or those of Community or foreign origin.(2) The possibility of assaults and attacks to those figures cannot be excluded.(3) The protection of public figures is the responsibility of the host Member State. Protective measures of the host Member State are based solely on the legal provisions in force in that Member State and the relevant international agreements.(4) The increased travel by public figures within the Union requires a formal channel for communication and consultation between national Authorities,HAS DECIDED AS FOLLOWS:Article 11. A European network for the protection of public figures, hereinafter referred to as "the Network", is hereby created.2. The Network shall consist of the national police services and other services responsible for the protection of the public figures. Each Member State shall designate a single contact point. Information concerning the designated national contact points, including subsequent modifications, shall be transmitted to the General Secretariat of the Council which shall publish the information in the Official Journal.Article 2For the purposes of this Decision, "public figure" shall mean any person to whom a protection service is assigned in accordance with the national legislation of a Member State or pursuant to the regulations of an international or supranational organisation or institution.Article 31. The Network activity shall be promoted by the Member State holding the Presidency of the Council.2. Candidate countries and Europol may also designate a contact point to participate in the Network.The Presidency shall consider, on a case-by-case basis, on the participation of the Commission and the General Secretariat of the Council in the activities of the Network as referred to in Article 4(a), (b), (c) and (d).Article 4The Network shall have the following objectives:(a) promoting the exchange of information between the departments participating in the Network, in particular:- general and technical information and experience regarding the protection of public figures,- information on the most appropriate criteria for selecting and training appropriate staff of the services which are responsible for the protection of public figures;(b) promoting the development of a set of common best practices as regards operational activities undertaken by the departments participating in the Network;(c) promoting the mutual secondment of officials of the departments participating in the Network;(d) allowing the departments participating in the Network to exchange information, communicate and develop common views on:- procedures and requests for authorisation by the host Member State of the presence in its territory of the protection services of the requesting State accompanying a public figure,- methods of common action to prevent assaults and attacks, including the way in which officials and resources could be deployed,- protocols on the priority to be granted to the protected public figure during movement of delegations,- collaboration with relevant law enforcement services and other public departments,- recommendations regarding media;(e) favouring the exchange, in accordance with the national legislation, of operational information, either through the contact points or by means of direct contacts between the responsible services, as communicated by the contact points, concerning the application of security in cases where the protection of a public figure has to be assured in two or more Member States.Article 5The Network shall submit an annual report to the Council on the development of its activities. The Council will evaluate the activities of the Network every three years.Article 6This Decision shall take effect on the day following that of its adoption by the Council.Done at Brussels, 28 November 2002.For the CouncilThe PresidentB. Haarder(1) OJ C 42, 15.2.2002, p. 14.(2) Opinion delivered on 30 May 2002 (not yet published in the Official Journal).(3) OJ C 356, 14.12.2001, p. 1.


title: 2006/853/CFSP Political and Security Committee Decision EUPOL COPPS/2/2006 of 21 November 2006 concerning the appointment of the Head of Mission/Police Commissioner of the European Union Police Mission for the Palestinian Territories (EUPOL COPPS)

text:
               29.11.2006

               EN

               Official Journal of the European Union

               L 331/21

      POLITICAL AND SECURITY COMMITTEE DECISION EUPOL COPPS/2/2006
   of 21 November 2006
   concerning the appointment of the Head of Mission/Police Commissioner of the European Union Police Mission for the Palestinian Territories (EUPOL COPPS)
   (2006/853/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union and in particular the third paragraph of Article 25 thereof,
   Having regard to Council Joint Action 2005/797/CFSP of 14 November 2005 on the European Union Police Mission for the Palestinian Territories (1), and in particular Article 11(2) thereof,
   Whereas:

               (1)

               Article 11(2) of Joint Action 2005/797/CFSP provides that the Council authorises the Political and Security Committee to take the relevant decisions in accordance with Article 25 of the Treaty, including the decision to appoint, upon a proposal by the Secretary-General/High Representative, a Head of Mission/Police Commissioner.

               (2)

               The Secretary-General/High Representative has proposed the appointment of Mr Colin SMITH,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Colin SMITH is hereby appointed Head of Mission/Police Commissioner of the European Union Police Mission for the Palestinian Territories (EUPOL COPPS), from 1 January 2007.
   Article 2
   This Decision shall take effect on the day of its adoption.
   It shall apply until 31 December 2007.

      Done at Brussels, 21 November 2006.

            For the Political and Security Committee

            The President

         T. TANNER

      (1)  OJ L 300, 17.11.2005, p. 65.


title: Council Decision 2011/536/CFSP of 12 September 2011 amending and extending Decision 2010/452/CFSP on the European Union Monitoring Mission in Georgia (EUMM Georgia)

text:
               13.9.2011

               EN

               Official Journal of the European Union

               L 236/7

         COUNCIL DECISION 2011/536/CFSP
   of 12 September 2011
   amending and extending Decision 2010/452/CFSP on the European Union Monitoring Mission in Georgia (EUMM Georgia)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28 and Article 43(2) thereof,
   Whereas:

               (1)

               On 15 September 2008, the Council adopted Joint Action 2008/736/CFSP on the European Union Monitoring Mission in Georgia, EUMM Georgia (1). That Joint Action, as subsequently amended and extended, expired on 14 September 2010.

               (2)

               On 12 August 2010, the Council adopted Decision 2010/452/CFSP (2) which continued EUMM Georgia for a further 12 months until 14 September 2011.

               (3)

               On 28 June 2011 the Political and Security Committee (PSC) endorsed recommendations on the review at strategic level on the future of EUMM Georgia.

               (4)

               EUMM Georgia should be further extended from 15 September 2011 until 14 September 2012 on the basis of its current mandate.

               (5)

               It is also necessary to lay down the financial reference amount intended to cover the expenditure related to the EUMM Georgia for the period from 15 September 2011 to 14 September 2012.

               (6)

               The Mission will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   Council Decision 2010/452/CFSP is hereby amended as follows:

               (1)

               in Article 14(1), the following subparagraph is added:
               ‘The financial reference amount intended to cover the expenditure related to the Mission between 15 September 2011 and 14 September 2012 shall be EUR 23 900 000.’;

               (2)

               in Article 18, the second paragraph is replaced by the following:
               ‘It shall expire on 14 September 2012.’.

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

      Done at Brussels, 12 September 2011.

            For the Council

            The President

         M. DOWGIELEWICZ

      (1)  OJ L 248, 17.9.2008, p. 26.

      (2)  OJ L 213, 13.8.2010, p. 43.


title: 2010/279/CFSP: Council Decision 2010/279/CFSP of 18 May 2010 on the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)

text:
               19.5.2010

               EN

               Official Journal of the European Union

               L 123/4

         COUNCIL DECISION 2010/279/CFSP
   of 18 May 2010
   on the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and, in particular, Article 28 and Article 43(2) thereof,
   Whereas:

               (1)

               On 30 May 2007 the Council adopted Joint Action 2007/369/CFSP (1) establishing the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN). That Joint Action expires on 30 May 2010.

               (2)

               On 8 March 2010, the Political and Security Committee (PSC) recommended to extend EUPOL AFGHANISTAN for three years.

               (3)

               The command and control structure of EUPOL AFGHANISTAN should be without prejudice to the contractual responsibilities of the Head of Mission towards the European Commission for implementing the budget.

               (4)

               The watch-keeping capability should be activated for EUPOL AFGHANISTAN.

               (5)

               EUPOL AFGHANISTAN will be conducted in the context of a situation which may deteriorate and could harm the objectives of the common foreign and security policy as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mission
   1.   The European Union Police Mission in Afghanistan (‘EUPOL AFGHANISTAN’ or the ‘Mission’), established by Joint Action 2007/369/CFSP, shall be extended as from 31 May 2010 until 31 May 2013.
   2.   EUPOL AFGHANISTAN shall operate in accordance with the objectives set out in Article 2 and carry out the tasks as set out in Article 3.
   Article 2
   Objectives
   EUPOL AFGHANISTAN shall significantly contribute to the establishment under Afghan ownership of sustainable and effective civilian policing arrangements, which will ensure appropriate interaction with the wider criminal justice system, in keeping with the policy advice and institution-building work of the Union, Member States and other international actors. Furthermore, the Mission will support the reform process towards a trusted and efficient police service, which works in accordance with international standards, within the framework of the rule of law and respect for human rights.
   Article 3
   Tasks
   1.   In order to fulfil the objectives set out in Article 2, EUPOL AFGHANISTAN shall:

               (a)

               assist the Government of Afghanistan in coherently implementing its strategy towards sustainable and effective civilian policing arrangements, especially with regard to the Afghan Uniform (Civilian) Police and the Afghan Anti-Crime Police, as stipulated in the National Police Strategy;

               (b)

               improve cohesion and coordination among international actors;

               (c)

               work on strategy development, while placing an emphasis on work towards a joint overall strategy of the international community in police reform and enhance cooperation with key partners in police reform and training, including with NATO-led mission ISAF and the NATO Training Mission and other contributors;

               (d)

               support linkages between the police and the wider rule of law.
               These tasks will be further developed in the Operational Plan (OPLAN). The Mission shall carry out its tasks through, amongst other means, monitoring, mentoring, advising and training.

         2.   EUPOL AFGHANISTAN shall be a non-executive Mission.
   3.   EUPOL AFGHANISTAN shall have a Project Cell for identifying and implementing projects. EUPOL AFGHANISTAN shall, as appropriate, coordinate, facilitate and provide advice on projects implemented by Member States and third States under their responsibility, in areas related to the Mission and in support of its objectives.
   Article 4
   Structure of the Mission
   1.   The Mission will have its Headquarters (HQ) in Kabul. The Mission shall comprise:

               (i)

               the Head of Mission and his office including a Senior Mission Security Officer;

               (ii)

               a Police component;

               (iii)

               a Rule of Law component;

               (iv)

               training capacity;

               (v)

               Mission Support;

               (vi)

               field offices outside Kabul;

               (vii)

               a support element in Brussels.

         2.   Mission staff shall be deployed at the central, regional and provincial levels and may work, as necessary, with the district level for the implementation of the mandate in light of the security assessment and when enabling factors, such as appropriate logistical and security support, are in place. Technical arrangements will be sought with ISAF and Regional Command/Provincial Reconstruction Team (PRT) Lead Nations for information exchange, medical, security and logistical support including accommodation by Regional Commands and PRTs.
   3.   In addition, a number of Mission staff shall be deployed to improve strategic coordination in police reform in Afghanistan, as appropriate, and in particular with the International Police Coordination Board (IPCB) Secretariat in Kabul. The IPCB Secretariat shall be located, as appropriate, at the EUPOL AFGHANISTAN HQ.
   Article 5
   Civilian Operation Commander
   1.   The Civilian Planning and Conduct Capability (CPCC) Director shall be the Civilian Operation Commander for EUPOL AFGHANISTAN.
   2.   The Civilian Operation Commander, under the political control and strategic direction of the PSC and the overall authority of the High Representative of the Union for Foreign Affairs and Security Policy (HR), shall exercise command and control of EUPOL AFGHANISTAN at the strategic level.
   3.   The Civilian Operation Commander shall ensure proper and effective implementation of the Council’s decisions as well as the PSC’s decisions, including by issuing instructions at strategic level as required to the Head of Mission.
   4.   All seconded staff shall remain under the full command of the national authorities of the sending State or EU institution. National authorities shall transfer Operational Control (OPCON) of their personnel, teams and units to the Civilian Operation Commander.
   5.   The Civilian Operation Commander has overall responsibility for ensuring that the Union’s duty of care is properly discharged.
   6.   The Civilian Operation Commander and the European Union Special Representative (EUSR) shall consult each other as required.
   Article 6
   Head of Mission
   1.   The Head of Mission shall assume responsibility and exercise command and control of the Mission at theatre level.
   2.   The Head of Mission shall exercise command and control over personnel, teams and units from contributing States as assigned by the Civilian Operation Commander together with administrative and logistic responsibility including over assets, resources and information put at the disposal of the Mission.
   3.   The Head of Mission shall issue instructions to all Mission staff, including in this case the support element in Brussels, for the effective conduct of EUPOL AFGHANISTAN in theatre, assuming its coordination and day-to-day management, following the instructions at strategic level of the Civilian Operation Commander.
   4.   The Head of Mission shall be responsible for the implementation of the Mission’s budget. For this purpose, the Head of Mission shall sign a contract with the Commission.
   5.   The Head of Mission shall be responsible for disciplinary control over the staff. For seconded staff, disciplinary action shall be exercised by the national or Union authority concerned.
   6.   The Head of Mission shall represent EUPOL AFGHANISTAN in the operations area and shall ensure appropriate visibility of the Mission.
   7.   The Head of Mission shall coordinate, as appropriate, with other EU actors on the ground. The Head of Mission shall, without prejudice to the chain of command, receive local political guidance from the EUSR.
   8.   The Head of Mission shall ensure that EUPOL AFGHANISTAN works closely, coordinates and cooperates with the Government of Afghanistan and relevant international actors, as appropriate, including NATO-led mission ISAF and the NATO Training Mission, PRT Lead Nations, United Nations Assistance Mission Afghanistan (UNAMA), and third States currently involved in police reform in Afghanistan.
   Article 7
   Staff
   1.   The numbers and competence of EUPOL AFGHANISTAN staff shall be consistent with the objectives set out in Article 2, the tasks set out in Article 3 and the structure of the Mission set out in Article 4.
   2.   EUPOL AFGHANISTAN shall consist primarily of staff seconded by Member States or EU institutions.
   3.   Each Member State or EU institution shall bear the costs related to any of the staff seconded by it, including travel expenses to and from the place of deployment, salaries, medical coverage, and allowances, other than applicable per diems as well as hardship and risk allowances.
   4.   International civilian staff and local staff may also be recruited by EUPOL AFGHANISTAN, as required, on a contractual basis, if the functions required are not provided by personnel seconded by Member States. Exceptionally, in duly justified cases, where no qualified applications from Member States are available, nationals from participating third States may be recruited on a contractual basis, as appropriate.
   5.   All staff shall carry out their duties and act in the interest of the Mission. All staff shall respect the security principles and minimum standards established by Council Decision 2001/264/EC of 19 March 2001 adopting the Council’s security regulations (2).
   Article 8
   Status of EUPOL AFGHANISTAN staff
   1.   The status of EUPOL AFGHANISTAN staff in Afghanistan, including, where appropriate the privileges, immunities and further guarantees necessary for the completion and smooth functioning of EUPOL AFGHANISTAN shall be laid down in an agreement to be concluded in accordance with Article 37 of the Treaty.
   2.   The State or EU institution having seconded a member of staff shall be responsible for answering any claims linked to the secondment, from or concerning the member of staff. The State or EU institution in question shall be responsible for bringing any action against the person seconded.
   3.   The conditions of employment and the rights and obligations of international and local civilian staff shall be laid down in contracts between the Head of Mission and the members of staff.
   Article 9
   Chain of Command
   1.   EUPOL AFGHANISTAN shall have a unified chain of command, as a crisis management operation.
   2.   Under the responsibility of the Council and of the HR, the PSC shall exercise political control and strategic direction of EUPOL AFGHANISTAN.
   3.   The Civilian Operation Commander, under the political control and strategic direction of the PSC and the overall authority of the HR, is the commander of EUPOL AFGHANISTAN at strategic level and, as such, shall issue instructions to the Head of Mission and provide him with advice and technical support.
   4.   The Civilian Operation Commander shall report to the Council through the HR.
   5.   The Head of Mission shall exercise command and control of EUPOL AFGHANISTAN at theatre level and shall be directly responsible to the Civilian Operation Commander.
   Article 10
   Political control and strategic direction
   1.   The PSC shall exercise, under the responsibility of the Council and of the HR, political control and strategic direction of the Mission. The Council hereby authorises the PSC to take the relevant decisions for this purpose in accordance with the third paragraph of Article 38 of the Treaty. This authorisation shall include the powers to appoint a Head of Mission, upon a proposal of the HR, and to amend the CONOPS and the OPLAN. The powers of decision with respect to the objectives and termination of the Mission shall remain vested in the Council.
   2.   The PSC shall report to the Council at regular intervals.
   3.   The PSC shall receive on a regular basis and as required reports by the Civilian Operation Commander and the Head of Mission on issues within their areas of responsibility.
   Article 11
   Security
   1.   The Civilian Operation Commander shall direct the Head of Mission’s planning of security measures and ensure their proper and effective implementation for EUPOL AFGHANISTAN in accordance with Articles 5 and 9, in coordination with the Council Security Office.
   2.   The Head of Mission shall be responsible for the security of the operation and for ensuring compliance with minimum security requirements applicable to the operation, in line with the policy of the Union on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, and its supporting documents.
   3.   The Head of Mission shall be assisted by a Senior Mission Security Officer (SMSO), who will report to the Head of Mission and also maintain a close relationship with the Council Security Office.
   4.   The Head of Mission will appoint Security Officers in the provincial and regional Mission locations, who, under the authority of the SMSO shall be responsible for the day-to-day management of all security aspects of the respective Mission elements.
   5.   EUPOL AFGHANISTAN staff shall undergo mandatory security training before their entry into function, in accordance with the OPLAN. They shall also receive regular in-theatre refresher training organised by the SMSO.
   Article 12
   Participation of third States
   1.   Without prejudice to the Union’s decision-making autonomy and its single institutional framework, candidate and other third States may be invited to contribute to EUPOL AFGHANISTAN on the basis that they bear the costs of sending the police experts and/or the civilian staff seconded by them, including salaries, allowances, medical coverage, high risk insurance and travel expenses to and from Afghanistan, and contribute to the running costs of EUPOL AFGHANISTAN as appropriate.
   2.   The Council hereby authorises the PSC to take the relevant decisions on acceptance of the proposed contributions.
   3.   Third States making contributions to EUPOL AFGHANISTAN shall have the same rights and obligations in terms of day-to-day management of the operation as Member States taking part in the operation.
   4.   The PSC shall take appropriate action with regard to participation arrangements and shall, if required, submit a proposal to the Council, including on possible financial participation or contributions in-kind from third States.
   5.   Detailed arrangements regarding the participation of third States shall be the subject of agreements pursuant to Article 37 of the Treaty and additional technical arrangements as necessary. Where the Union and a third State have concluded an agreement establishing a framework for the participation of this third State in the EU crisis management operations, the provisions of such agreement shall apply in the context of this operation.
   Article 13
   Financial arrangements
   1.   The financial reference amount intended to cover the expenditure related to EUPOL AFGHANISTAN until 31 May 2011 shall be EUR 54 600 000.
   2.   The financial reference amount for the subsequent periods for EUPOL AFGHANISTAN shall be decided by the Council.
   3.   All expenditure shall be managed in accordance with the rules and procedures applicable to the general budget of the European Union.
   4.   The Head of Mission shall report fully to, and be supervised by, the Commission on the activities undertaken in the framework of his contract.
   5.   Nationals of third States shall be allowed to tender for contracts. Subject to the Commission’s approval, the Head of Mission may conclude technical arrangements with Regional Command/PRT lead nations and international actors deployed in Afghanistan regarding the provision of equipment, services and premises to the Mission, notably where security conditions so require.
   6.   The financial arrangements shall respect the operational requirements of EUPOL AFGHANISTAN, including compatibility of equipment and interoperability of its teams, and shall take into consideration the deployment of staff in Regional Commands and PRTs.
   7.   The expenditure shall be eligible as from the date of adoption of this Decision.
   Article 14
   Release of classified information
   1.   The HR shall be authorised to release to NATO/ISAF EU classified information and documents generated for the purposes of the Mission, in accordance with the Council’s security regulations. Local technical arrangements shall be drawn up to facilitate this.
   2.   The HR shall be authorised to release to third States associated with this Decision, as appropriate and in accordance with the needs of the Mission, EU classified information and documents up to the level ‘CONFIDENTIEL UE’ generated for the purposes of the Mission, in accordance with the Council’s security regulations.
   3.   The HR shall be authorised to release to UNAMA, as appropriate and in accordance with the operational needs of the Mission, EU classified information and documents up to the level ‘RESTREINT UE’ generated for the purposes of the Mission, in accordance with the Council’s security regulations. Local arrangements shall be drawn up for this purpose.
   4.   In the event of a specific and immediate operational need, the HR shall also be authorised to release to the host State EU classified information and documents up to the level ‘RESTREINT UE’ generated for the purposes of the Mission, in accordance with the Council’s security regulations. In all other cases, such information and documents shall be released to the host State in accordance with procedures for cooperation by the host State with the Union.
   5.   The HR shall be authorised to release to third states associated with this Decision, EU non-classified documents related to the deliberations of the Council with regard to the Mission covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council Rules of Procedure (3).
   Article 15
   Watch-Keeping
   The Watch-Keeping Capability shall be activated for EUPOL AFGHANISTAN.
   Article 16
   Review
   1.   This Decision shall be reviewed every six months in order to adjust the Mission size and scope as necessary.
   2.   This Decision shall be reviewed, no later than three months before its expiry, in order to determine whether the Mission should be continued.
   Article 17
   Entry into force and duration
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 31 May 2010 until 31 May 2013.

      Done at Brussels, 18 May 2010.

            For the Council

            The President

         E. SALGADO

      (1)  OJ L 139, 31.5.2007, p. 33.

      (2)  OJ L 101, 11.4.2001, p. 1.

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


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32004D0100

2004/100/EC: Council Decision of 26 January 2004 establishing a Community action programme to promote active European citizenship (civic participation)

Official Journal L 030 , 04/02/2004 P. 0006 - 0014

Council Decisionof 26 January 2004establishing a Community action programme to promote active European citizenship (civic participation)(2004/100/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(1),Whereas:(1) The Treaty establishes citizenship of the Union, which complements and does not replace national citizenship, and which is to be promoted with due regard for subsidiarity.(2) The Community and the Member States have as their objectives the promotion of employment, improved living and working conditions, proper social protection, the development of human resources with a view to lasting high employment and the combating of exclusion.(3) Effective and uniform application of Community law is a new priority, which is indispensable to the proper functioning of the internal market. The Tampere European Council of 15 and 16 October 1999 stressed that an area of freedom, security and justice should be based on the principles of transparency and democratic control, involving an open dialogue with civil society on the aims and principles of this area. The Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union promotes exchanges of views and experience on these matters and coordinates and relays to the public the judicial decisions of the Councils of State with regard to Community law.(4) The European Parliament, in its resolution of 15 April 1988(2), considered it desirable that a major effort be undertaken to step up contacts between citizens of different Member States and stated that specific support from the Community institutions for the development of twinning schemes between communes or towns in different Member States is both rational and desirable.(5) The European Council of Nice in December 2000, in its Declaration 23, recognised the need to improve and to monitor the democratic legitimacy and transparency of the Union and its institutions, in order to bring them closer to the citizens of the Member States. The social policy agenda adopted at Nice is based on a new form of governance underlining the role of civil dialogue as an essential part in promoting cooperation with civil society. The agenda provides that the non-governmental organisations, such as the Platform of European social non-governmental organisations, are closely associated with the development of inclusive policies and equal opportunities for all.(6) The Laeken Declaration annexed to the Conclusions of the European Council of 14 and 15 December 2001 asserts that one of the basic challenges to be resolved by the European Union is how to bring citizens closer to the European design and the European institutions.(7) Headings A-321, A-3020, A-3021, A-3024, A-3026, A-3036 and B3-305 of the general budget of the European Union for the financial year 2003 and previous financial years have proved their worth in promoting a sustained dialogue with civil society organisations and municipalities on the building of Europe.(8) The Council reaffirms its belief in the need to continue supporting town-twinning schemes, given the important role that they can play in promoting civic identity and mutual understanding between the people of Europe. It stresses that, in the context of the multiannual programme, an appropriate budget for, and continued promotion of, town-twinning schemes should be guaranteed, as the European Parliament has insisted every year in the budgetary procedure. It further stresses that it is essential to make the application procedure for, and administration of, town-twinning schemes comprehensible and bring them closer to the citizens.(9) The "Our Europe" Association takes the form of a think tank of personalities representative of European society and the political, social, economic and scientific worlds to act as a marketplace for ideas promoting a closer European Union; as such, it pursues an aim of general European interest.(10) The Jean Monnet and Robert Schuman houses are meeting places for the people of Europe, the aim being to set the pioneers and pioneering activities of European integration in the context in which two of the founding fathers of Europe lived and worked, and to provide information on today's and tomorrow's Europe; as such, these organisations pursue an aim of general European interest.(11) The European Council on Refugees and Exiles represents the organisations of refugees and displaced persons vis-à-vis the European Union, promoting the principles and policies contributing to the objectives of the Treaty as regards asylum and combating social exclusion.(12) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(3), hereinafter referred to as "the Financial Regulation", requires a basic act to be provided to cover these existing support actions.(13) The European Parliament, the Council and the Commission undertook, at the time of the adoption of the Financial Regulation, to achieve the objective of ensuring that this basic act enters into force as from the financial year 2004. The Commission undertook to take into account the remarks entered in the budget in the context of implementation.(14) The Interinstitutional Declaration of 24 November 2003 on the basic acts for grants of the European Parliament, the Council and the Commission provides, on an exceptional basis, for transitional clauses concerning the period of eligibility of expenditure to be introduced in this programme.(15) This Interinstitutional Declaration also provides for transitional measures for grants under part 2 of the programme to be introduced for the years 2004 and 2005.(16) Provision should be made for the geographic coverage of the programme to extend to the acceding Member States, and possibly, in the case of certain actions, to the EFTA/EEA countries and the candidate countries.(17) A financial reference amount, within the meaning of point 34 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(4), is included in this Decision for the entire duration of the programme, without thereby affecting the powers of the budgetary authority as they are defined by the Treaty.(18) Any non-Community financing from State resources must comply with Articles 87 and 88 of the Treaty.(19) Entities whose actions are not compatible with the objectives of the European Union and its Member States in the areas of public order and public security should be excluded from the benefits of this programme.(20) Any support granted pursuant to this Decision should comply strictly with the principles of subsidiarity and proportionality,HAS DECIDED AS FOLLOWS:Article 1Programme objective1. This Decision establishes a Community action programme to support bodies working in the field of active European citizenship and to promote actions in this field.The programme shall have the following objectives:(a) to promote and disseminate the values and objectives of the European Union;(b) to bring citizens closer to the European Union and its institutions and to encourage them to engage more frequently with its institutions;(c) to involve citizens closely in reflection and discussion on the construction of the European Union;(d) to intensify links and exchanges between citizens from the countries participating in the programme, notably by way of town-twinning arrangements;(e) to stimulate initiatives by the bodies engaged in the promotion of active and participatory citizenship.2. The activities supported by the programme seek to support the operation and to promote the actions of the bodies pursuing the programme's objectives in accordance with the criteria set out in the Annex.3. The programme shall start on 1 January 2004 and shall end on 31 December 2006.Article 2Access to the programmeTo be eligible for a Community grant for an action, bodies shall satisfy the requirements set out in the Annex.The action concerned must be in accordance with the principles underlying Community activity in the field of active citizenship.To be eligible for an operating grant for the ongoing work programme of a body pursuing an aim of general European interest in the field of active citizenship or an objective forming part of the European Union's activities in this area, bodies shall satisfy the requirements of the Annex and be so structured as to accommodate actions having a potential impact throughout the European Union.Article 3Access to the programme for the acceding States, the EFTA/EEA countries and the candidate countries for accession to the European UnionParticipation in actions under the programme may be opened to bodies established in:(a) the acceding States which signed the Treaty of Accession on 16 April 2003;(b) the EFTA/EEA countries, in accordance with the conditions laid down in the EEA Agreement;(c) Romania and Bulgaria, the conditions for participation for which to be laid down in accordance with the Europe Agreements, their additional protocols and the decisions of the respective Association Councils;(d) Turkey, the conditions for participation to be laid down in accordance with the Framework Agreement between the European Community and the Republic of Turkey on the general principles for the participation of the Republic of Turkey in Community programmes(5).Article 4Selection of beneficiaries1. Operating grants for the ongoing work programme of a body pursuing an aim of general European interest in the field of active citizenship, or an objective forming part of the European Union's activities in this area, shall be awarded in accordance with the overall criteria laid down in the Annex.2. Grants for actions specified in the programme shall be awarded in accordance with the overall criteria laid down in the Annex. Actions shall be selected by means of a call for proposals.Article 5Award of the grantGrants under the different actions of the programme shall be awarded in compliance with the provisions set out in the relevant part of the Annex.Article 6Financial provisionsThe financial reference amount for the implementation of this programme for the period 2004 to 2006 shall be EUR 72 million.The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.Article 7Monitoring and evaluationNo later than 31 December 2007, the Commission shall present to the European Parliament and the Council a report on the achievement of the programme's objectives. This report shall be based, inter alia, on an external evaluation report which must be available no later than the end of 2006 and which shall appraise at least the overall pertinence and coherence of the programme, the effectiveness of its execution (preparation, selection, implementation of the actions) and the overall and individual effectiveness of the various actions in terms of achievement of the objectives set out in Article 1 and in the Annex.Article 8Final provisionsFor grants awarded in 2004 under sections 1 and 2 of the Annex, it will be possible for the period of eligibility of expenditure to start on 1 January 2004, provided that the expenditure does not precede the date on which the grant application was lodged or the date on which the beneficiary's budget year starts.For such grants, on an exceptional basis, the agreements referred to in Article 112(2) of the Financial Regulation can be signed not later than 30 June 2004.Article 9Taking effectThis Decision shall take effect on the day following that of its publication in the Official Journal of the European Union.It shall apply from 1 January 2004.Done at Brussels, 26 January 2004.For the CouncilThe PresidentB. Cowen(1) Opinion delivered on 20 November 2003 (not yet published in the Official Journal).(2) OJ C 122, 9.5.1988, p. 38.(3) OJ L 248, 16.9.2002, p. 1.(4) OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision 2003/429/EC of the European Parliament and of the Council (OJ L 147, 14.6.2003, p. 25).(5) OJ L 61, 2.3.2002, p. 29.ANNEX1. Activities supportedThe general objective laid down in Article 1 is to support work in the field of active European citizenship by promoting the actions and operation of the bodies working in this field.This support takes the form of one of two types of grant:- either an operating grant to co-finance expenditure associated with the permanent work programme of a body which pursues an aim of general European interest in the field of active European citizenship or an objective forming part of the European Union's activities in this area (Parts 1 and 2),- or a grant to co-finance a specific action in this area (Part 3).Actions of civil society bodies and other structures such as municipalities and organisations of such bodies working at European level in the field of active citizenship which may contribute to supporting Community activity and making it more effective are, in particular:- multinational cooperation actions at European level,- meetings and debates among citizens on themes of European interest, such as the values, objectives, powers, policies and institutions of the European Union,- informal reflection, education and training projects,- actions promoting citizens' participation and initiative,- exchanges between citizens and their organisations,- dissemination of information on Community action,- preparation, back-up and evaluation of the actions funded.The main activities of the Platform of European social NGOs are as follows:- helping to shape EU policies on matters of common interest to its members, especially in connection with social rights, EU social policies and programmes and civil dialogue,- keeping its members informed of the development of Community policy relevant to them, facilitating the process of dialogue and consultation of its members with the EU institutions and, through its members, relaying these activities at national level,- promoting dialogue with other groupings working on issues of common interest (social partners, other European groupings of NGOs, NGOs in the candidate countries, etc.),- strengthening social NGOs in the European Union and in the candidate countries, e.g. by exchange of experience, practice and information among the members of the Platform.The main activities of the European Council on Refugees and Exiles are as follows:- representing the organisations of refugees, asylum seekers and displaced persons vis-à-vis the European Union,- coordinating the positions of its members vis-à-vis the European Union,- relaying information on refugees, asylum seekers and displaced persons to the European institutions,- relaying information from the European Union to national councils of refugees and non-governmental organisations,- contributing to the exchange of information and good practice,- engaging in discussion and reflection on refugees, asylum seekers and displaced persons in Europe and on the European Union's action to assist such persons,- raising European public awareness through the network of member organisations,- promoting participation and initiative on the part of refugees, asylum seekers and displaced persons.The purpose of the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union is to facilitate coordination and relay to the public the judicial decisions of the Councils of State and Supreme Administrative Jurisdictions with regard to Community law and to facilitate the pooling of methods of transposing and implementing European law at national level.This programme also covers the Commission's actions relating to the creation, promotion and management of the think tanks operating in the field of active citizenship and European integration and the organisation of related events.2. Implementation of the activities supported2.1. The activities carried out by the bodies eligible for Community funding under the programme fall within one of the following areas:2.1.1. Part 1: permanent work programmes of the following bodies pursuing an aim of general European interest in the field of active European citizenship:- "Our Europe" Association,- Jean Monnet house,- Robert Schuman house,- Platform of European social NGOs,- European Council on Refugees and Exiles (ECRE),- Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union.2.1.2. Part 2: permanent work programme of a body pursuing an aim of general European interest in the field of active European citizenship or an objective forming part of the European Union's policy in this area.This may relate to:- a non-profit body working to assist citizens active in these bodies,- a European multiplier network of non-profit bodies active in the States participating in the programme and promoting the principles and policies contributing to the objectives in this area,- a body pursuing an objective forming part of the European Union's policy in the field of active citizenship,An annual operating grant may be awarded to support the conduct of the permanent work programme of such a body.2.1.3. Part 3:(a) actions in the field of active European citizenship, conducted in particular by non-governmental organisations, associations and federations of European interest or cross-industry trade unions; by way of derogation from Article 114 of the Financial Regulation, cross-industry trade unions participating in the European social dialogue are eligible under this part even if they do not have a legal personality;(b) actions to promote town twinning instigated by municipalities, local and regional communities and bodies, local and regional authorities and organisations thereof.2.2. Having regard to the quality and quantity of funding applications, the following guidelines shall be taken into account when allocating the programme's resources:- resources to be committed under Part 3a shall not be less than 20 per cent of the annual budget available for this programme,- resources to be committed under Part 3b shall not be less than 40 per cent of the annual budget available for this programme.3. Selection of beneficiaries3.1. An operating grant may be awarded directly to bodies working in the field of active European citizenship under Part 1 of the programme upon approval of an appropriate workplan and budget.3.2. In order to award the grants under Part 2 of the programme, the Commission shall publish calls for proposals.However, in 2004 and 2005, by way of derogation from the first subparagraph, grants may be awarded to the organisations mentioned in the Appendix hereto.In all cases, all requirements of the Financial Regulation, its implementing rules and the basic act apply.When a call is published, any priorities as to the themes and types of activity contributing to the general objective of the programme may be indicated, and if the activities are of multiannual duration, this may also be stated.3.3. Bodies entitled to receive a grant for specific action under Part 3 of the programme will be selected on the basis of calls for proposals. The Commission shall ensure that the call for proposals is "customer friendly" and does not represent an insurmountable bureaucratic burden. Wherever appropriate, the call for proposals shall be organised in two steps with the first step requiring only the submission of limited documentation strictly necessary for the assessment of the proposal. As regards cross-industry trade unions participating in the European social dialogue, the call for proposals may take the form of a restricted invitation.4. Criteria for the assessment of funding applicationsFunding applications shall be assessed in the light of:- consistency with the programme objectives,- quality of the planned activities,- likely multiplier effect on the public of these activities,- geographic impact of the activities carried out,- citizen involvement in the organisation of the bodies concerned,- cost/benefit ratio of the activity proposed(1).5. Funding and eligible expenditure5.1. Under Part 1, the eligible expenditure of the bodies in question comprises operating costs and expenses for carrying out their actions.5.2. Grants to these bodies shall not fund all their eligible expenditure in the calendar year for which they are awarded: at least 10 per cent of the bodies' budgets must be co-financed from non-Community sources. Such co-financing may be partly contributed in kind, provided the contribution is valued at no more than the cost actually incurred and evidenced by accounting documents or the cost generally obtaining on the market in question.5.3. Pursuant to Article 113(2) of the Financial Regulation, the principle of gradual reduction shall not apply to operating grants to these bodies, since they are bodies pursuing an objective of general European interest.5.4. Under Part 2, the only costs to be taken into account in determining the operating grant shall be those necessary for the proper conduct of the normal activities of the body selected, in particular personnel costs, overheads (rental and property charges, equipment, office supplies, telecommunications, postal charges, etc.), costs of internal meetings, publication, information and dissemination costs and costs directly linked to the body's activities.5.5. An operating grant under Part 2 shall not fund all the body's eligible expenditure in the calendar year for which it is awarded. At least 20 per cent of the budgets of the bodies covered by this part must be co-financed from non-Community sources. Such co-financing may be partly contributed in kind, provided the contribution is valued at no more than the cost actually incurred and evidenced by accounting documents or the cost generally obtaining on the market in question.5.6. Pursuant to Article 113(2) of the Financial Regulation, operating grants so awarded, if renewed, shall be gradually decreased. This reduction shall apply from the third year onwards, at a rate of 2,5 per cent per year. In order to observe this rule, which applies without prejudice to the co-financing rule mentioned above, the percentage of Community co-financing corresponding to the grant awarded for a given financial year shall be at least 2,5 points below the percentage of Community co-financing corresponding to the grant awarded for the previous financial year.5.7. For the award of grants under Part 3, fixed rates may be applied for organisation costs and travel expenses.6. Management of the programmeIn the light of a cost/benefit analysis, the Commission may decide to entrust all or part of the tasks of managing the programme to an executive agency, in accordance with Article 55 of the Financial Regulation; it may also have recourse to experts and incur any other expenditure on technical and administrative assistance, not involving the exercise of public authority, outsourced under ad hoc service contracts. It may also finance studies and organise meetings of experts likely to facilitate the implementation of the programme, and undertake information, publication and dissemination actions directly linked to the achievement of the programme's objective.The Commission shall have a regular exchange of views with representatives of current and potential beneficiaries of the action programme.7. Acknowledgement of fundingAny institution, association or activity receiving a grant from this programme has the obligation to acknowledge the support received from the European Union. To this end the Commission shall lay down detailed visibility guidelines.8. Dissemination of resultsIn order to facilitate the dissemination of results, as many of the products as possible financed by this programme shall be made available electronically free of charge.9. Checks and audits9.1. The beneficiary of an operating grant shall keep available for the Commission all the supporting documents, including the audited financial statement, regarding expenditure incurred during the grant year, for a period of five years following the last payment. The beneficiary of a grant shall ensure that, where applicable, supporting documents in the possession of partners or members be made available to the Commission.9.2. The Commission may have an audit of the use made of the grant carried out either directly by its own staff or by any other qualified outside body of its choice. Such audits may be carried out throughout the lifetime of the agreement and for a period of five years from the date of payment of the balance. Where appropriate, the audit findings may lead to recovery decisions by the Commission.9.3. Commission staff and outside personnel authorised by the Commission shall have appropriate right of access, in particular to the beneficiary's offices and to all the information, including information in electronic format, needed in order to conduct such audits.9.4. The Court of Auditors and the European Anti-fraud Office (OLAF) shall enjoy the same rights, especially of access, as the Commission.9.5. In order to protect the European Communities' financial interests against fraud and other irregularities, the Commission may carry out on-the-spot checks and inspections under this programme in accordance with Council Regulation (Euratom, EC) No 2185/96(2). Where necessary, investigations shall be conducted by the European Anti-fraud Office (OLAF) and these shall be governed by Regulation (EC) No 1073/1999 of the European Parliament and of the Council(3).(1) It is the responsibility of the beneficiaries to apply an appropriate monitoring and evaluation framework.(2) OJ L 292, 15.11.1996, p. 2.(3) OJ L 136, 31.5.1999, p. 1.Appendix- International Secretariat of the Union of European Federalists- Council of European Municipalities and Regions- European Citizens Action Service- European Institute for Advanced Studies in Management- Centre for European Studies in Strasbourg- College of Europe in Hamburg- "Soul for Europe"- Fair Trials Abroad- Intercultural Leadership School- CEJI (Centre européen juif d'information)- European Academy of Sciences and Arts- Europäisches Übersetzer-Kollegium Straelen- Festival of Europe, 9 May- Association européenne des représentants territoriaux- Meeting for Friendship among Peoples Association- Institute of European Affairs (Dublin)- Centre for European Not-for-profit Organisations- Institut für Europäische Politik (Berlin)- European Institute of International Relations (IERI)- European Academy of the Urban Environment in Berlin- Trans-European Policy Studies Association (ADEPT)- Centre for European Policy Studies (CEPS)- European Policy Centre (EPC)- Friends of Europe- International European Movement