title: 2009/954/EC: Council Decision of 30 November 2009 on the signing and conclusion of the Terms of Reference for the International Partnership for Energy Efficiency Cooperation (IPEEC) and the Memorandum concerning the hosting by the International Energy Agency of the Secretariat to the International Partnership for Energy Efficiency Cooperation by the European Community

text:
               16.12.2009

               EN

               Official Journal of the European Union

               L 330/37

      COUNCIL DECISION

   of 30 November 2009
   on the signing and conclusion of the ‘Terms of Reference for the International Partnership for Energy Efficiency Cooperation’ (IPEEC) and the ‘Memorandum concerning the hosting by the International Energy Agency of the Secretariat to the International Partnership for Energy Efficiency Cooperation’ by the European Community
   (2009/954/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 175 paragraph 1 and Article 300 paragraph 2, first subparagraph, and paragraph 3, first subparagraph,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas

               (1)

               At the initiative of the European Commission, in June 2008, members of the G8, China, India and South Korea and the Commission decided to establish an International Partnership for Energy Efficiency Cooperation (IPEEC) which is to facilitate those actions that yield high energy efficiency gains. IPEEC will provide a forum for discussion, consultation and exchange of information. IPEEC is open to other countries and intergovernmental organisations.

               (2)

               On 24 May 2009, the Terms of Reference for the International Partnership for Energy Efficiency Cooperation (the Terms of Reference) were signed in Rome by twelve States, including four Member States of the European Community.

               (3)

               The Terms of Reference describe the cooperative activities of the IPEEC, establish its organisation, define the criteria for potential new members and contain general provisions regarding i.a. the funding of the Partnership and intellectual property rights.

               (4)

               Article 4.2 of the Terms of Reference foresees that IPEEC is open to intergovernmental organisations and that their membership is contingent upon the signature of the Terms of Reference.

               (5)

               IPEEC’s administrative functions would best be managed through the establishment of a secretariat. On 24 May and 22 June 2009 respectively, a Memorandum concerning the hosting by the International Energy Agency of the Secretariat to the IPEEC (the Memorandum) was signed in Rome by twelve States, including four Member States of the European Community. The IEA signed on 18 June 2009.

               (6)

               The Memorandum describes the general principles regarding the organisation of the Secretariat, and contains provisions regarding the staffing of the Secretariat and recruitment, as well as regarding the issues of funding and budgetary procedures.

               (7)

               Point 16 of the Memorandum foresees that any intergovernmental organisation wishing to become a member of IPEEC will be asked to sign the Memorandum.

               (8)

               It is appropriate for the European Community to sign the Terms of Reference and the Memorandum.

               (9)

               The European Community should pay a contribution to IPEEC for its administrative expenses.,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The Terms of Reference for the International Partnership for Energy Efficiency Cooperation (IPEEC), annexed to this Decision as Annex I, are hereby approved on behalf of the European Community.
   2.   The Memorandum concerning the hosting by the International Energy Agency of the Secretariat to the International Partnership for Energy Efficiency Cooperation, annexed to this Decision as Annex II, is hereby approved on behalf of the European Community.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign on behalf of the European Community in order to express the consent of the Community to be bound by:

               —

               the Terms of Reference for the International Partnership for Energy Efficiency Cooperation (IPEEC), and,

               —

               the Memorandum concerning the hosting by the International Energy Agency of the Secretariat to the International Partnership for Energy Efficiency Cooperation,

      Done at Brussels, 30 November 2009.

            For the Council

            The President

         S. O. LITTORIN

      (1)  EP opinion adopted on 26 November 2009, not published in the Official Journal

      ANNEX I

         TERMS OF REFERENCE FOR THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION

      The undersigned national governmental entities (collectively the ‘Members’) set forth the following terms of reference of the International Partnership for Energy Efficiency Cooperation (IPEEC), a framework for international cooperation in energy efficiency to support agile, productive international cooperation in promoting energy efficiency and energy savings. The IPEEC will exchange views and seek collaboration with other international organizations and bodies, to achieve synergies and avoid duplication of efforts.
      1.   Purpose of the IPEEC

      The purpose of the IPEEC is to facilitate those actions that yield high energy efficiency gains. Members may choose to take such action on a voluntary basis where they see an added value for themselves taking into consideration their economic, technological and other circumstances. The IPEEC promotes energy efficiency worldwide by providing a high-level forum for discussion, consultation and exchange of information. It does not develop or adopt standards or efficiency goals for its Members.
      2.   Cooperative Activities of the IPEEC

                  2.1.

                  The IPEEC may conduct cooperative activities among the Members in the following areas:

                  2.1.1.

                  supporting the on-going work of the Members to promote energy efficiency, including development of nationally-determined energy efficiency indicators, compiling best practices, and strengthening national efforts to collect data;

                  2.1.2.

                  exchanging information about measures that could significantly improve energy efficiency on sectoral and cross-sectoral bases such as, but not limited to: standards/codes/norms and labels for buildings, energy-using products and services with a view to accelerating the market penetration of best practices taking into account the circumstances of individual Members; methodologies for energy measurement, auditing and verification procedures, certification protocols and other tools to achieve optimal energy efficiency performance over the lifetime of buildings, industrial processes, relevant products, appliances and equipment; enabling environment and tools for the financing of energy efficiency measures, and establishing principles for encouraging investments in energy efficiency; public procurement policies for encouraging uptake of energy efficient products, services and technologies; programs that help public institutions to become more efficient in building, vehicle, product and service purchasing and operations; activities to increase the awareness of consumers and stakeholders through dissemination of clear, credible and accessible information on energy efficiency with a view to enabling well-informed decisions; best practice guidelines for evaluating the effectiveness of energy efficiency policies and measures; public-private cooperation to advance energy efficient technology research development, commercialization and deployment to accelerate deployment, diffusion and transfer of such technologies; and actions to accelerate dissemination and transfer of best practices and efficient technologies and capacity building in developing countries;

                  2.1.3.

                  developing public-private partnerships for improving energy efficiency in and across key energy consuming sectors, building on relevant initiatives;

                  2.1.4.

                  enabling joint research and development into key energy efficient technologies, especially for application by the Members;

                  2.1.5.

                  facilitating the dissemination of energy-related products and services that contribute to improving energy efficiency; and

                  2.1.6.

                  other activities which advance achievement of the IPEEC’s purpose as mutually determined by the Members.

            3.   Organization of the IPEEC

                  3.1.

                  The Members hereby establish a Policy Committee, composed of a high level representative of each Member, and an Executive Committee, composed of a mid-level representative of each Member.

                  3.2.

                  The Policy Committee is to govern the overall framework and policies of the IPEEC including financial arrangements, review the progress of the Task Groups as well as the work of the Executive Committee and the Secretariat, and provide direction to the Executive Committee. The Policy Committee should meet at least once a year, at times and places to be determined by its Members.

                  3.3.

                  The Executive Committee is to oversee the organization of the annual meetings of the Policy Committee, examine and adopt the programme of work and the budget for each year, examine the membership requests, provide guidance to and oversee the work of the Secretariat, and develop proposals for and review the work of the Task Groups. The Executive Committee should meet at least twice a year, at times and places to be determined by the Executive Committee.

                  3.4.

                  The Policy Committee and the Executive Committee should make decisions on the basis of consensus, except as otherwise provided.

                  3.5.

                  The Executive Committee may approve the creation of Task Groups, composed of representatives of some or all Members, to work on individual projects, as needed.

                  3.6.

                  A representative from each Task Group, as selected by the group, should report, in writing or in person, on the progress of the project to the Executive Committee upon request. The Task Groups should meet as often as necessary to review the progress of their respective activities, identify promising directions for their future work, and make recommendations to the Executive Committee and Policy Committee on needed actions.

                  3.7.

                  The Policy Committee and the Executive Committee should each elect among the Members a Chair and one or more Vice Chairs for a period of two years.

                  3.8.

                  The IPEEC may hold Ministerial meetings when required. Ministerial meetings will review the progress of IPEEC collaboration and provide overall direction on priorities for future work.

                  3.9.

                  The principal coordinator of the IPEEC’s communications and activities is the IPEEC Secretariat. The functions of the Secretariat are: (1) organize the meetings of the Policy Committee and the Executive Committee; (2) arrange special activities such as teleconferences and workshops; (3) receive and forward new membership requests to the Executive Committee; (4) coordinate communications with regard to IPEEC activities and their status, including the establishment and maintenance of an IPEEC website; (5) act as a clearinghouse of information for the IPEEC; (6) maintain archival records for the Policy Committee and the Executive Committee; (7) prepare an annual report with oversight from the Executive Committee; and (8) perform such other tasks as the Executive Committee directs. The functions of the Secretariat are administrative.

                  3.10.

                  In order to ensure the sustainability and consistency of the IPEEC activities, a dedicated secretariat will be established. The IPEEC Secretariat will be hosted at the International Energy Agency (IEA), so that the IPEEC can make full use of the knowledge, experiences and capacity of the IEA. The Secretariat will be open for participation to all the Members of the IPEEC. It will report to, and receive its guidance from, the Executive Committee. The Secretariat will be supported by the voluntary contributions (financial or in-kind) of all Members.

                  3,11.

                  Additional to staff employed by the Secretariat, the Secretariat may, as decided by the Executive Committee, use the services of personnel employed by the Members and made available by them to the Secretariat. Such personnel are to be remunerated by their respective employers and remain subject to their employers’ conditions of employment.

                  3.12.

                  Each Member should individually determine the nature of its participation in the IPEEC activities.

            4.   Membership

                  4.1.

                  These Terms of Reference, which are administrative in nature, do not create any legally binding obligations between or among its Members. Each Member should conduct the activities contemplated by these Terms of Reference in accordance with the laws and regulations to which it is subject and international agreements to which it or its government is a party, and within the respective budgetary appropriations.

                  4.2.

                  The IPEEC is open to other national governmental entities and intergovernmental organizations. Their membership will be determined by the Policy Committee acting by consensus. Membership in the IPEEC is contingent upon the signature of the IPEEC Terms of Reference. Countries of the Members are listed in Appendix A. Appendix A may be modified by consensus of the Policy Committee.

                  4.3.

                  At the invitation of the Executive Committee, technical and other experts from within and outside of Members may participate in Task Groups.

            5.   Funding

                  5.1.

                  Subject to 3.11, each Member may contribute funds and other resources to the IPEEC subject to the laws, regulations and policies applicable to the Member. Each Task Group is funded by the Members participating in that Task Group in accordance with the laws, regulations and policies applicable to each Member thereof.

                  5.2.

                  Each Member is to bear the following expenses incurred in connection with the meetings of the Policy Committee, the Executive Committee and its Task Groups:

                              —

                              Travelling and living expenses of the Members representatives,

                              —

                              Accommodation expenses of the Members representatives; and,

                              —

                              Other related expenses,

                  5.3.

                  Prior to adoption of the programme of work and the budget for each year, each Member is encouraged to indicate its contribution to the IPEEC.

                  5.4.

                  These Terms of Reference do not create any right or benefit, substantive or procedural, enforceable by law or equity against the Members, their officers or employees, or any other person. No Member should submit a claim for compensation to another Member for activities it carries out under these Terms of Reference. These Terms of Reference do not direct or apply to any person outside of the Members.

            6.   Open Research and Intellectual Property

                  6.1.

                  The intellectual property created by the IPEEC, other than by the Task Groups, should be open and non-proprietary unless the Executive Committee determines otherwise.

                  6.2.

                  Intellectual property created or furnished in the course of implementing projects under the Task Groups should receive adequate and effective protection. The allocation of rights to such intellectual property and the treatment of proprietary information should be defined by specific implementing arrangements between or among the Members concerned.

            7.   Commencement, Extension, Modification, Withdrawal, and Discontinuation

                  7.1.

                  These Terms of Reference will commence on 24 May 2009 and will continue for 10 years unless extended or discontinued by the Members.

                  7.2.

                  These Terms of Reference may be modified in writing at any time by consensus of the Members.

                  7.3.

                  A Member may withdraw from the IPEEC. A Member should endeavour to give written notice to the other Members no less than 90 days prior to its anticipated withdrawal.

            Appendix A: Federative Republic of Brazil, Canada, People’s Republic of China, France, Germany, Italy, Japan, Republic of Korea, Mexico, Russian Federation, United Kingdom, United States of America
      TERMS OF REFERENCE FOR THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION
      (signed)
      Edison LΟΒΑΟ
      Minister of Mines and Energy of the Federative Republic of Brazil
      Date: May 24, 2009
      TERMS OF REFERENCE FOR THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION
      (signed)
      Cassie DOYLE
      Deputy Minister of Natural Resources Canada
      Date: May 24, 2009
      TERMS OF REFERENCE FOR THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION
      (signed)
      XIE Ji
      Representative for the National Development and Reform Commission of the People’s Republic of China
      Date: May 24, 2009
      TERMS OF REFERENCE FOR THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION
      (signed)
      Jean-Louis BORLOO
      Minister of State, Minister of Ecology, Energy, Sustainable Development and Town and Country Planning of France
      Date: May 24, 2009
      TERMS OF REFERENCE FOR THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION
      (signed)
      Bernd PFAFFENBACH
      State Secretary of Federal Minister of Economics and Technology of Germany
      Date: May 24, 2009
      TERMS OF REFERENCE FOR THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION
      (signed)
      Claudio SCAJOLA
      Minister of Economic Development of Italy
      Date: May 24, 2009
      TERMS OF REFERENCE FOR THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION
      (signed)
      Toshihiro NIKAI
      Minister of Economy, Trade and Industry of Japan
      Date: May 24, 2009
      TERMS OF REFERENCE FOR THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION
      (signed)
      Young Hak KIM
      Representative for the Ministry of Knowledge Economy of Korea
      Date: May 24, 2009
      TERMS OF REFERENCE FOR THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION
      (signed)
      Georgina KESSEL MARTINEZ
      Secretary of Energy of Mexico
      Date: May 24, 2009
      TERMS OF REFERENCE FOR THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION
      (signed)
      Sergey SHMATKO
      Minister of Energy of the Russian Federation
      Date: May 24, 2009
      TERMS OF REFERENCE FOR THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION
      (signed)
      Ed MILIBAND
      Secretary of State for Energy and Climate Change of the United Kingdom of Great Britain and Northern Ireland
      Date: May 24, 2009
      TERMS OF REFERENCE FOR THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION
      (signed)
      Steven CHU
      Secretary of Energy of the United States of America
      Date: May 24, 2009
      TERMS OF REFERENCE FOR THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION
      [Observer]
      (signed)
      Andris PIEBALGS
      Commissioner for Energy of European Commission
      Date: May 24, 2009

      ANNEX II

         MEMORANDUM CONCERNING THE HOSTING BY THE IEA OF THE SECRETARIAT TO THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION (IPEEC)

      The Secretariat of the International Energy Agency (the ‘IEA’) and the national governmental entities and intergovernmental entities that have signed this Memorandum (collectively the ‘IPEEC Members’); Acknowledging that the IPEEC Members signed the Terms of Reference for IPEEC on 24 May 2009 (the ‘Terms of Reference’); Noting that IPEEC is independent in terms of financing and its work programme; Recognising that IPEEC’s administrative functions would be best managed through the establishment of a secretariat (the ‘IPEEC Secretariat’) as well as possible dedicated units for specific Task Groups; Considering that both IPEEC and the lEA’s objectives would be furthered by the opportunities for mutually beneficial networking between the IEA and the IPEEC Secretariat; and Considering, in this context, the need to precisely define how the IPEEC Secretariat will be hosted by the IEA;
      Have decided as follows:

         General Principles

                  1.

                  The IPEEC Secretariat will function under the substantive guidance of the Executive Committee (as the term is defined in the Terms of Reference). The IPEEC Secretariat’s work programme will be decided by the Executive Committee.

                  2.

                  The IPEEC Members understand that the IEA will assume no financial responsibility with respect to IPEEC and the IPEEC Secretariat. Except as otherwise decided by the IPEEC Members, all costs related to the functioning and to the staff of the IPEEC Secretariat, including costs linked to the discontinuance of appointments, will be borne by the voluntary contributions of the IPEEC Members and/or other entities approved by the Executive Committee.

                  3.

                  Subject to availability of sufficient voluntary contributions, the IPEEC Secretariat is intended to undertake the functions outlined for the IPEEC Secretariat in the Terms of Reference.

                  4.

                  The IPEEC Secretariat, or a unit within it, may also provide similar functions for a given Task Group (as that term is defined in the Terms of Reference), subject to sufficient dedicated voluntary contributions from the IPEEC Members participating in that Task Group.

         Recruitment and Staffing of the IPEEC Secretariat

                  5.

                  Upon the request of, and in consultation with, the Executive Committee, the IEA is expected to conduct the recruitment of personnel for the IPEEC Secretariat in accordance with the then-existing IEA rules and procedures, and in a manner that treats candidates from the countries of the IPEEC Members equally.

                  6.

                  Upon the request of the Executive Committee, in accordance with the laws of the IEA’s host country and then-existing IEA rules and procedures, the IPEEC Secretariat may accept individuals on loan from the IPEEC Members. Each IPEEC Member that loans an individual to the IPEEC Secretariat is to remain responsible for that individual’s salary and benefits, including but not necessarily limited to travel and relocation to and from the IEA for the individual to begin and end duty at the IPEEC Secretariat. The IEA and the other IPEEC Members do not bear any financial responsibility for any such costs.

                  7.

                  All IPEEC staff and individuals on loan from the IPEEC Members will only work within the IPEEC Secretariat. They will not do any work for the IEA.

                  8.

                  Subject to the terms of this Memorandum, the IEA should ensure that the IPEEC Secretarial is provided with office space equipped to IEA standards. IPEEC Secretariat personnel should have access to support services that the IEA provides to IEA personnel, including but not necessarily limited to legal, personnel and finance, publications and media, information technology, security, cleaning and maintenance, mission travel services and use of meeting space.

         Funding and Budgetary Procedures

                  9.

                  The IPEEC Secretariat and its hosting by the IEA is intended to be fully funded through voluntary contributions by the IPEEC Members and/or other entities as approved by the Executive Committee. Staffing levels and the budget of the IPEEC Secretariat are to be adopted by the Executive Committee in consultation with the IEA Secretariat.

                  10.

                  The IPEEC Members intend to determine amongst themselves the amount and timing of their respective financial contributions, if any. They note that contributions for the support of the IPEEC Secretariat’s hosting by the IEA must be made to the IEA in accordance with the IEA’s financial rules and procedures regarding voluntary contributions. The IPEEC Members are encouraged to use a model letter provided by the IEA to facilitate the provision of voluntary contributions.

                  11.

                  To the extent that the IEA anticipates that IPEEC expenses may exceed the IPEEC Members’ contributions there to, the IEA should alert the Executive Committee that contributions appear insufficient for the IPEEC Secretariat to continue planned operations. The Executive Committee should provide guidance to the IEA so as to reduce IPEEC Secretariat expenditures and/or provide additional funds to the IEA so that the IPEEC Secretariat has sufficient funds to continue operations within the IEA. To the extent that the necessary guidance and/or sufficient additional funds are not forthcoming from the IPEEC Members, or the IEA considers such guidance to be insufficient, the IEA may decide to cease to host the IPEEC Secretariat.

                  12.

                  To the extent that voluntary contributions remain unexpended for the IPEEC Secretariat on 31 December of a given year, they are to be automatically carried forward to the next year in accordance with the IEA’s standard procedures, provided, however, that the IEA continues to host the IPEEC Secretariat the next year.

         Commencement date, operation, modification, continuation and end

                  13.

                  Activities under this Memorandum should commence on [date]. Notwithstanding the foregoing, the IPEEC Members acknowledge that the IPEEC Secretariat is not expected to commence its functions until such time as voluntary contributions from the IPEEC Members have been secured to fund the IPEEC Secretariat up to December 31 2010, which the IEA has estimated to be 1,3 million Euro.

                  14.

                  The IEA Secretariat and the Executive Committee should meet as necessary to discuss matters involving the practical implementation and operation of this Memorandum.

                  15.

                  The Memorandum may be modified in writing by consensus between the IEA and the Executive Committee.

                  16.

                  To the extent that, after activities commence, any national governmental entity or inter-governmental organisation wishes to become an IPEEC Member, it will be asked to sign this Memorandum and be defined as an IPEEC Member for the purposes of this Memorandum. Any new IPEEC Member is to be eligible to have individuals serve in the IPEEC Secretariat, subject to paragraphs 5 to 8 above.

                  17.

                  This Memorandum may be ended by the IEA or the Executive Committee at any time. They should endeavour to provide no less than twelve months’ prior written notice to each other in this event.

                  18.

                  When an IPEEC Member withdraws from IPEEC in accordance with the Terms of Reference, the withdrawal notice provided thereunder by that IPEEC Member constitutes notice of withdrawal under this Memorandum. Notwithstanding the foregoing, the IPEEC Members should ensure that the IPEEC Secretariat informs the IEA in writing immediately upon notice of such withdrawal. An IPEEC Participant that withdraws from IPEEC is not to receive from the IEA any reimbursement for voluntary contributions that it has previously made.

                  19.

                  To the extent that the Executive Committee and the IEA have not decided to end the activities under this Memorandum prior to 30 June of any given year, the IEA will, if necessary, initiate a call for funds through the Executive Committee to all IPEEC Members so as to help ensure that the IPEEC Secretariat will have sufficient funds for the following calendar year. To the extent that the IEA does not receive sufficient funds by 30 September of that given year, the IEA may decide to cease to host the IPEEC Secretariat.

                  20.

                  If this Memorandum is modified or ended such that the IPEEC Secretariat is no longer hosted by the IEA, the costs of separation of the paid staff of the IPEEC Secretariat from the IEA, as well as all other direct costs linked to the orderly winding-up of this arrangement, are to be borne entirely by the IPEEC Members and/or other entities as approved by the Executive Committee, and they will provide to the budget of the IPEEC Secretariat voluntary contributions to the amount necessary for this purpose as mutually determined between the IEA and the Executive Committee; such contributions are to be made according to the laws and regulations of the respective IPEEC Members. To the extent that there is a surplus with respect to voluntary contributions at the time the IPEEC Secretariat is no longer hosted by the IEA, any unused monies are to be allocated to the IPEEC Members by the IEA in proportion to their respective contributions to the then-current budget. This paragraph is to survive the end of this Memorandum.

                  21.

                  This Memorandum does not impose, nor is it intended to impose, any legally binding commitments or obligations on the IPEEC Members or the IEA.

            MEMORANDUM CONCERNING THE HOSTING BY THE IEA OF THE SECRETARIAT TO THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION
      (signed)
      Ambassador, Richard H. JONES
      Representative for International Energy Agency
      Date: 18 June 2009
      MEMORANDUM CONCERNING THE HOSTING BY THE IEA OF THE SECRETARIAT TO THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION
      (signed)
      Andre CORREA DO LAGO
      Representative for the Ministry of External Relations of the Federative Republic of Brazil
      Date: May 24, 2009
      MEMORANDUM CONCERNING THE HOSTING BY THE IEA OF THE SECRETARIAT TO THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY
      (signed)
      Kevin STRINGER
      Representative for the Natural Resources Canada
      Date: May 24, 2009
      MEMORANDUM CONCERNING THE HOSTING BY THE IEA OF THE SECRETARIAT TO THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION
      (signed)
      XIE Ji
      Representative for the National Development and Reform Commission of the People’s Republic of China
      Date: May 24, 2009
      MEMORANDUM CONCERNING THE HOSTING BY THE IEA OF THE SECRETARIAT TO THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION
      (signed)
      Pierre-Marie ABADIE
      Representative for the Ministry of Ecology, Energy, Sustainable Development and Town and Country Planning of France
      Date: 22.6.2009
      MEMORANDUM CONCERNING THE HOSTING BY THE IEA OF THE SECRETARIAT TO THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION
      (signed)
      Detlef DAUKE
      Representative for the Federal Ministry of Economics and Technology of Germany
      Date: May 24, 2009
      MEMORANDUM CONCERNING THE HOSTING BY THE IEA OF THE SECRETARIAT TO THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION
      (signed)
      Daniele MANCINI
      Representative for the Ministry of Economic Development of Italy
      Date: May 24, 2009
      MEMORANDUM CONCERNING THE HOSTING BY THE IEA OF THE SECRETARIAT TO THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION
      (signed)
      Тогu ISHIDA
      Representative for the Ministry of Economy, Trade and Industry of Japan
      Date: May 24, 2009
      MEMORANDUM CONCERNING THE HOSTING BY THE IEA OF THE SECRETARIAT TO THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION
      (signed)
      Tae Hyun CHOI
      Representative for the Ministry of Knowledge Economy of Korea
      Date: May 24, 2009
      MEMORANDUM CONCERNING THE HOSTING 8Y THE IEA OF THE SECRETARIAT TO THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION
      (signed)
      Aldo FLORES
      Representative for the Secretariat of Energy of Mexico
      Date: May 24, 2009
      MEMORANDUM CONCERNING THE HOSTING BY THE IEA OF THE SECRETARIAT TO THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION
      (signed)
      Sergey MIKHAYLOV
      Representative for the Ministry of Energy of the Russian Federation
      Date: May 24, 2009
      MEMORANDUM CONCERNING THE HOSTING BY THE IEA OF THE SECRETARIAT TO THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION
      (signed)
      Graham WHITE
      Representative for the Department of Energy and Climate Change of the United Kingdom of Great Britain and Northern Ireland
      Date: May 24, 2009
      MEMORANDUM CONCERNING THE HOSTING BY THE IEA OF THE SECRETARIAT TO THE INTERNATIONAL PARTNERSHIP FOR ENERGY EFFICIENCY COOPERATION
      (signed)
      David SANDALOW
      Representative for the U.S. Department of Energy
      Date: May 24, 2009


title: 2009/932/EC: Council Decision of 30 November 2009 appointing one Italian member of the Committee of the Regions

text:
               11.12.2009

               EN

               Official Journal of the European Union

               L 325/3

      COUNCIL DECISION

   of 30 November 2009
   appointing one Italian member of the Committee of the Regions
   (2009/932/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal of the Italian Government,
   Whereas:

               (1)

               On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

               (2)

               A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Piero MARRAZZO,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following is hereby appointed to the Committee of the Regions as a member for the remainder of the current term of office, which runs until 25 January 2010:
   Mr Massimo PINESCHI, Consigliere regionale, Regione Lazio
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 30 November 2009.

            For the Council

            The President

         B. ASK

      (1)  OJ L 56, 25.2.2006, p. 75.


title: Commission Decision (EU) 2017/877 of 16 May 2017 on the proposed citizens' initiative entitled ‘Let us reduce the wage and economic differences that tear the EU apart!’ (notified under document C(2017) 3382)

text:
               23.5.2017

               EN

               Official Journal of the European Union

               L 134/38

         COMMISSION DECISION (EU) 2017/877
   of 16 May 2017
   on the proposed citizens' initiative entitled ‘Let us reduce the wage and economic differences that tear the EU apart!’

         (notified under document C(2017) 3382)

   (Only the English text is authentic)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 211/2011 of the European Parliament and of the Council of 16 February 2011 on the citizens' initiative (1), and in particular Article 4 thereof,
   Whereas:

               (1)

               The subject-matter of the proposed citizens' initiative entitled ‘Let us reduce the wage and economic differences that tear the EU apart!’ refers to ‘Legal acts that clearly demonstrate the EU's intention to eliminate wage inequalities between Member States and which — to achieve this objective — allow for a more efficient cohesion of these states’.

               (2)

               The stated objectives of the proposed citizens' initiative are: ‘Due to significant wage differences the movement of workers is one-directional. Massive emigration leads to less-favoured Member States falling even further behind. Meanwhile, richer Member States experience a massive influx of workers as an intrusion upon their interests, which tears the EU apart. The EU needs to clearly demonstrate its intention to eliminate wage inequalities affecting the free movement of workers in order for which the EU needs a more efficient cohesion to ensure its survival.’

               (3)

               Legal acts of the Union for the purpose of implementing the Treaties can be adopted:

                           —

                           on guidelines which the Member States shall take into account in their employment policies,

                           —

                           relating to the European Social Fund, which aims to render the employment of workers easier and to increase their geographical and occupational mobility within the Union, and to facilitate their adaptation to industrial changes and to changes in production systems, in particular through vocational training and retraining,

                           —

                           in order to define the tasks, priority objectives and the organisation of the Structural Funds provided that the actions to be financed lead to the strengthening of the economic, social and territorial cohesion of the Union.

               (4)

               Legal acts of the Union for the purpose of implementing the Treaties in order to support and complement the activities of the Member States can be adopted, inter alia, in the fields of working conditions; of social security and social protection of workers; of protection of workers where their employment contract is terminated; of the information and consultation of workers; of representation and collective defence of the interests of workers and employers, including co-determination; of the integration of persons excluded from the labour market; of combating social exclusion; and of the modernisation of social protection systems. However, such acts may not apply to pay or to the rights of association, to strike or to impose lock-outs.

               (5)

               The Treaty on European Union (TEU) reinforces citizenship of the Union and enhances further the democratic functioning of the Union by providing, inter alia, that every citizen is to have the right to participate in the democratic life of the Union by way of a European citizens' initiative.

               (6)

               To this end, the procedures and conditions required for the citizens' initiative should be clear, simple, user-friendly and proportionate to the nature of the citizens' initiative so as to encourage participation by citizens and to make the Union more accessible.

               (7)

               For those reasons, it is appropriate to consider that the proposed citizens' initiative does not fall manifestly outside the framework of the Commission's powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties in accordance with Article 4(2)(b) of the Regulation.

               (8)

               The proposed citizens' initiative entitled ‘Let us reduce the wage and economic differences that tear the EU apart!’ should therefore be registered. However, statements of support for this proposed citizens' initiative should be collected only inasmuch as it aims at proposals from the Commission for legal acts of the Union for the purpose of implementing the Treaties within the scope referred to in recitals 3 and 4,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The proposed citizens' initiative entitled ‘Let us reduce the wage and economic differences that tear the EU apart!’ is registered.
   2.   However, statements of support for this proposed citizens' initiative may, in so far, as it aims at proposals from the Commission for legal acts of the Union for the purpose of implementing the Treaties in the fields of working conditions; of social security and social protection of workers; of protection of workers where their employment contract is terminated; of the information and consultation of workers; of representation and collective defence of the interests of workers and employers, including co-determination; of the integration of persons excluded from the labour market; of combating social exclusion; and of the modernisation of social protection systems; be colleted only inasmuch as those legal acts do not apply to pay or to the rights of association, to strike or to impose lock-outs.
   Article 2
   This Decision shall enter into force on 22 May 2017.
   Article 3
   This Decision is addressed to the organisers (members of the citizens' committee) of the proposed citizens' initiative entitled ‘Let us reduce the wage and economic differences that tear the EU apart!’, represented by Mr Márton GYÖNGYÖSI and Mr Jaak MADISON acting as contact persons.

      Done at Strasbourg, 16 May 2017.

            For the Commission

         Frans TIMMERMANS

            First Vice-President

      (1)  OJ L 65, 11.3.2011, p. 1.


Avis juridique important

|

31994D0195

94/195/EC: Council Decision of 29 March 1994 appointing an alternate member of the Committee of the Regions

Official Journal L 092 , 09/04/1994 P. 0031 - 0031 Finnish special edition: Chapter 1 Volume 3 P. 0126  Swedish special edition: Chapter 1 Volume 3 P. 0126

COUNCIL DECISION of 29 March 1994 appointing an alternate member of the Committee of the Regions (94/195/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,  Having regard to Council Decision of 26 January 1994 appointing the members and alternate members of the Committee of the Regions for the period 26 January 1994 to 25 January 1998 (1),  Whereas an alternate member's seat on the Committee has become vacant following Mr Enrique Amat Vicedo's resignation, which was brought to the Council's attention on 17 March 1994;  Having regard to the proposal from the Spanish Government,  HAS DECIDED AS FOLLOWS:   Sole Article  Mr Juan José García Escribano is hereby appointed an alternate member of the Committee of the Regions in place of Mr Enrique Amat Vicedo for the remainder of the latter's term of office, which runs until 25 January 1998.  Done at Brussels, 29 March 1994.  For the Council The President G. MORAITIS  (1) OJ No L 31, 4. 2. 1994, p. 29.


title: 2011/142/EU: Commission Decision of 3 March 2011 amending Decision 97/80/EC laying down provisions for the implementation of Council Directive 96/16/EC on statistical surveys of milk and milk products  Text with EEA relevance

text:
               4.3.2011

               EN

               Official Journal of the European Union

               L 59/66

         COMMISSION DECISION
   of 3 March 2011
   amending Decision 97/80/EC laying down provisions for the implementation of Council Directive 96/16/EC on statistical surveys of milk and milk products
   (Text with EEA relevance)
   (2011/142/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 96/16/EC of 19 March 1996 on statistical surveys of milk and milk products (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               Experience acquired in applying Commission Decision 97/80/EC of 18 December 1996 laying down provisions for the implementation of Council Directive 96/16/EC on statistical surveys of milk and milk products (2), has shown that it is necessary to adopt a more detailed breakdown of the largest dairy enterprises.

               (2)

               Decision 97/80/EC should therefore be amended accordingly.

               (3)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee for Agricultural Statistics,

         HAS ADOPTED THIS DECISION:
   Article 1
   Annex II to Decision 97/80/EC is amended in accordance with the Annex to this Decision.
   Article 2
   This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

      Done at Brussels, 3 March 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 78, 28.3.1996, p. 27.

      (2)  OJ L 24, 25.1.1997, p. 26.

      ANNEX
      In Annex II to Decision 97/80/EC, Tables D, E, F, G.1, G.2, G.3, G.4 and G.5 are replaced by the following:

         ‘TABLE D

            Enterprises
             (1)
            by volume of annual milk collection

                     Country …

                     Situation on 31 December …

                     Classes by volume (tonnes/year) of collection

                     Number of enterprises

                     Collection
                     in 1 000 t

                     5 000 and under

                     …

                     …

                     5 001 to 20 000

                     …

                     …

                     20 001 to 50 000

                     …

                     …

                     50 001 to 100 000

                     …

                     …

                     100 001 to 300 000

                     …

                     …

                     300 001 to 400 000

                     …

                     …

                     400 001 to 500 000

                     …

                     …

                     500 001 to 750 000

                     …

                     …

                     750 001 to 1 000 000

                     …

                     …

                     Over 1 000 000

                     …

                     …

                     Total

                     …

                     …

         TABLE E

            Collection centres
             (2)
            by volume of annual milk collection

                     Country …

                     Situation on 31 December …

                     Classes by volume (tonnes/year) of collection

                     Number

                     Collection
                     in 1 000 t

                     1 000 and under

                     …

                     …

                     1 001 to 5 000

                     …

                     …

                     5 001 to 20 000

                     …

                     …

                     20 001 to 50 000

                     …

                     …

                     50 001 to 100 000

                     …

                     …

                     Over 100 000

                     …

                     …

                     Total

                     …

                     …

         TABLE F

            Enterprises
             (3)
            by volume of milk treated

                     Country …

                     Situation on 31 December …

                     Classes by volume (tonnes/year) of milk treated

                     Number of enterprises

                     Volume
                     in 1 000 t

                     5 000 and under

                     …

                     …

                     5 001 to 20 000

                     …

                     …

                     20 001 to 50 000

                     …

                     …

                     50 001 to 100 000

                     …

                     …

                     100 001 to 300 000

                     …

                     …

                     300 001 to 400 000

                     …

                     …

                     400 001 to 500 000

                     …

                     …

                     500 001 to 750 000

                     …

                     …

                     750 001 to 1 000 000

                     …

                     …

                     Over 1 000 000

                     …

                     …

                     Total

                     …

                     …

         TABLE G.1

            Enterprises
             (4)
            by annual production of certain groups of milk products

                     Country …

                     Situation on 31 December …

                        Groups of products: FRESH PRODUCTS (1)

                     Classes by volume (tonnes/year) of production

                     Number of enterprises

                     Annual production
                     (in 1 000 t)

                     1 000 and under

                     …

                     …

                     1 001 to 10 000

                     …

                     …

                     10 001 to 30 000

                     …

                     …

                     30 001 to 50 000

                     …

                     …

                     50 001 to 100 000

                     …

                     …

                     100 001 to 150 000

                     …

                     …

                     150 001 to 200 000

                     …

                     …

                     200 001 to 250 000

                     …

                     …

                     Over 250 000

                     …

                     …

                     Total

                     …

                     …

         TABLE G.2

            Enterprises
             (5)
            by annual production of certain groups of milk products

                     Country …

                     Situation on 31 December …

                        Groups of products: DRINKING MILK (11)

                     Classes by volume (tonnes/year) of production

                     Number of enterprises

                     Annual production
                     (in 1 000 t)

                     1 000 and under

                     …

                     …

                     1 001 to 10 000

                     …

                     …

                     10 001 to 30 000

                     …

                     …

                     30 001 to 100 000

                     …

                     …

                     100 001 to 150 000

                     …

                     …

                     150 001 to 200 000

                     …

                     …

                     200 001 to 250 000

                     …

                     …

                     Over 250 000

                     …

                     …

                     Total

                     …

                     …

         TABLE G.3

            Enterprises
             (6)
            by annual production of certain groups of milk products

                     Country …

                     Situation on 31 December …

                        Groups of products: POWDERED DAIRY PRODUCTS (22)

                     Classes by volume (tonnes/year) of production

                     Number of enterprises

                     Annual production
                     (in 1 000 t)

                     1 000 and under

                     …

                     …

                     1 001 to 5 000

                     …

                     …

                     5 001 to 20 000

                     …

                     …

                     20 001 to 25 000

                     …

                     …

                     Over 25 000

                     …

                     …

                     Total

                     …

                     …

         TABLE G.4

            Enterprises
             (7)
            by annual production of certain groups of milk products

                     Country …

                     Situation on 31 December …

                        Groups of products: BUTTER (23)

                     Classes by volume (tonnes/year) of production

                     Number of enterprises

                     Annual production
                     (in 1 000 t)

                     100 and under

                     …

                     …

                     101 to 1 000

                     …

                     …

                     1 001 to 5 000

                     …

                     …

                     5 001 to 10 000

                     …

                     …

                     10 001 to 15 000

                     …

                     …

                     15 001 to 20 000

                     …

                     …

                     20 001 to 25 000

                     …

                     …

                     Over 25 000

                     …

                     …

                     Total

                     …

                     …

         TABLE G.5

            Enterprises
             (8)
            by annual production of certain groups of milk products

                     Country …

                     Situation on 31 December …

                        Groups of products: CHEESE (all types) (24)

                     Classes by volume (tonnes/year) of production

                     Number of enterprises

                     Annual production
                     (in 1 000 t)

                     100 and under

                     …

                     …

                     101 to 1 000

                     …

                     …

                     1 001 to 4 000

                     …

                     …

                     4 001 to 10 000

                     …

                     …

                     10 001 to 15 000

                     …

                     …

                     15 001 to 20 000

                     …

                     …

                     20 001 to 25 000

                     …

                     …

                     Over 25 000

                     …

                     …

                     Total

                     …

                     …

         (1)  Referred to in point 1 of the first paragraph of Article 2 of Directive 96/16/EC

         (2)  Referred to in point 2 of the first paragraph of Article 2 of Directive 96/16/EC

         (3)  Referred to in point 1 of the first paragraph of Article 2 of Directive 96/16/EC

         (4)  Referred to in point 1 of the first paragraph of Article 2 of Directive 96/16/EC

         (5)  Referred to in point 1 of the first paragraph of Article 2 of Directive 96/16/EC

         (6)  Referred to in point 1 of the first paragraph of Article 2 of Directive 96/16/EC

         (7)  Referred to in point 1 of the first paragraph of Article 2 of Directive 96/16/EC

         (8)  Referred to in point 1 of the first paragraph of Article 2 of Directive 96/16/EC’


title: Council Decision 2014/430/CFSP of 3 July 2014 amending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)

text:
               4.7.2014

               EN

               Official Journal of the European Union

               L 197/75

         COUNCIL DECISION 2014/430/CFSP
   of 3 July 2014
   amending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 25 November 2005, the Council adopted Joint Action 2005/889/CFSP (1).

               (2)

               On 3 July 2013, the Council adopted Decision 2013/355/CFSP (2) amending Joint Action 2005/889/CFSP and extending it until 30 June 2014.

               (3)

               On 9 April 2014, the Political and Security Committee recommended to extend the European Union Border Assistance Mission for the Rafah Crossing Point for an additional period of 12 months until 30 June 2015.

               (4)

               EU BAM Rafah should be further extended from 1 July 2014 until 30 June 2015 on the basis of the current mandate.

               (5)

               EU BAM Rafah 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
   Joint Action 2005/889/CFSP is hereby amended as follows:

               (1)

               Article 7(5) is replaced by the following:
               ‘5.   All personnel shall remain under the authority of the appropriate sending State or EU institution and shall carry out their duties and act in the interest of the Mission. All personnel shall respect the security principles and minimum standards established by Council Decision 2013/488/EU (3).

               (2)

               Article 13 is replaced by the following:
               ‘Article 13
               Financial arrangements
               1.   The financial reference amount intended to cover the expenditure related to EU BAM Rafah for the period from 25 November 2005 to 31 December 2011 shall be EUR 21 570 000.
               The financial reference amount intended to cover the expenditure related to EU BAM Rafah for the period from 1 January 2012 to 30 June 2012 shall be EUR 970 000.
               The financial reference amount intended to cover the expenditure related to EU BAM Rafah for the period from 1 July 2012 to 30 June 2013 shall be EUR 980 000.
               The financial reference amount intended to cover the expenditure related to EU BAM Rafah for the period from 1 July 2013 to 30 June 2014 shall be EUR 940 000.
               The financial reference amount intended to cover the expenditure related to EU BAM Rafah for the period from 1 July 2014 to 30 June 2015 shall be EUR 940 000.
               2.   All expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the European Union. Nationals of third States contributing financially to the Mission, host parties and, if required for the operational needs of the Mission, of neighbouring countries shall be allowed to tender for contracts.
               3.   EU BAM Rafah shall be responsible for the implementation of its budget. For that purpose, EU BAM Rafah shall sign an agreement with the Commission.
               4.   EU BAM Rafah shall be responsible for any claims and obligations arising from the implementation of the mandate starting from 1 July 2014, with the exception of any claims relating to serious misconduct by the Head of Mission, for which he/she shall bear the responsibility.
               5.   The implementation of the financial arrangements will be without prejudice to the chain of command as provided for in Articles 4, 4a and 5 and the operational requirements of EU BAM Rafah, including compatibility of equipment and interoperability of its teams.
               6.   Expenditure shall be eligible as of the date of entry into force of this Joint Action.’

               (3)

               In Article 16, the second paragraph is replaced by the following:
               ‘It shall expire on 30 June 2015.’.

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

      Done at Brussels, 3 July 2014.

            For the Council

            The President

         S. GOZI

      (1)  Council Joint Action 2005/889/CFSP of 25 November 2005 on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (OJ L 327, 14.12.2005, p. 28).

      (2)  Council Decision 2013/355/CFSP of 3 July 2013 amending and extending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (OJ L 185, 4.7.2013, p. 16).

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


title: 2013/604/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of Eurojust for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/308

      DECISION OF THE EUROPEAN PARLIAMENT

   of 17 April 2013
   on discharge in respect of the implementation of the budget of Eurojust for the financial year 2011
   (2013/604/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of Eurojust for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of Eurojust for the financial year 2011, together with Eurojust’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

               —

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

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (4), and in particular Article 36 thereof,

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0072/2013),

               1.

               Grants the Administrative Director of Eurojust discharge in respect of the implementation of Eurojust’s budget for the financial year 2011;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 180.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 298, 26.10.2012, p. 1.

      (4)  OJ L 63, 6.3.2002, p. 1.

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

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      of 17 April 2013
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of Eurojust for the financial year 2011
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of Eurojust for the financial year 2011,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of Eurojust for the financial year 2011, together with Eurojust’s replies (1),

                  —

                  having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

                  —

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

                  —

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

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

                  —

                  having regard to Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (4), and in particular Article 36 thereof,

                  —

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

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0072/2013),

                  A.

                  whereas Eurojust, which is located in The Hague, was set up by Council Decision 2002/187/JHA,

                  B.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts of Eurojust for the financial year 2011 are reliable and that the underlying transactions are legal and regular,

                  C.

                  whereas on 10 May 2012, Parliament granted the Administrative Director of Eurojust discharge for the implementation of the budget of Eurojust for the financial year 2010 (6), and in its resolution accompanying the discharge decision, inter alia:

                              —

                              called on Eurojust to inform the discharge authority of the steps taken to avoid carrying forward appropriations;

                              —

                              expressed concern at the fact that the Court of Auditors had again noted shortcomings in the planning and implementation of recruitment procedures; noted, in particular, that the level of vacant posts (13 %) was still too high, although lower than in 2009 (24 %) and 2008 (28 %);

                              —

                              called on Eurojust to establish a multiannual IT strategy plan for both operational and support activities;

                              —

                              urged Eurojust to properly address the recommendations issued by the Internal Audit Service (IAS) and to inform the discharge authority of the measures taken in this respect;

                  D.

                  whereas the budget of Eurojust for the financial year 2011 was EUR 31 357 900,47, compared to 32 241 523,92 in 2010, which represents a decrease of 2,91 %,

                  E.

                  whereas the Union’s contribution to the budget of Eurojust for 2011 was EUR 31 333 740 compared to EUR 30 163 220 in 2010, which represents an increase of 5,20 %,

                  F.

                  whereas the balance for the outturn account for Eurojust in 2011 was positive, totalling EUR 2 496 985,21,

         Budgetary and financial management

                  1.

                  Acknowledges from the 2011 annual accounts that Eurojust received a budget of EUR 31 733 740 from the general budget of the Union, of which 31 333 740 was cashed; notes, moreover, that the budget was composed of non-differentiated appropriations;

                  2.

                  Takes note that in 2011, Eurojust committed 93 %, 99 % and 96 % of the appropriations received under Title I (Staff Expenditure), Title II (Administrative Expenditure) and Title III (Operations Expenditure) respectively; observes that in terms of paid appropriations Eurojust’s execution rate stands at 90 % under Title I, 78 % under Title II and 58 % under Title III and therefore calls on Eurojust to implement specific measures to improve its budgeting process and execution rate of payment; notes further that a total of 7 300 transactions (commitments and payments) were processed;

                  3.

                  Establishes from the annual accounts that in 2010, Eurojust was granted EUR 2 159 000 from the Commission for the participation in criminal justice programmes (joint investigation teams); establishes, moreover, that in 2011, no grants were received;

         Follow-up of the discharge 2010 recommendations

                  4.

                  Regrets that Eurojust has not provided the discharge authority with a report presenting the measures adopted and implemented following the discharge authority’s recommendations of 2010, as required by Article 96(2) of the Framework Financial Regulation; urges Eurojust to send the report as soon as possible in order to enable the discharge authority to evaluate whether progress was made;

                  5.

                  Calls on Eurojust to provide the report pursuant to Article 96(2) of the Framework Financial Regulation related to the 2011 discharge procedure in due time for the discharge procedure;

         Carryover appropriations

                  6.

                  Acknowledges from the Court of Auditors’ report that payment appropriations amounting to EUR 6 448 762 had been carried over from 2010 to 2011; notes, moreover, that of the amount carried over, EUR 1,3 million had to be cancelled in 2011; recalls that the Court of Auditors emphasised in its report for the financial year 2010 that such a high level of carryover was excessive;

                  7.

                  Establishes from the Court of Auditors’ report that payment appropriations amounting to EUR 5 187 289 (16 % of total payment appropriations) have been carried over to 2012, of which EUR 3,1 million related to Title III ‘Operational Expenditure’ which represents 39 % of Title III payment appropriations; calls on Eurojust to inform the discharge authority of the actions taken to address that deficiency as its level is excessive and at odds with the principle of annuality;

                  8.

                  Notes that the budget for Title I increased by 7 % since 2010, reflecting the increased staffing costs and related expenses;

                  9.

                  Takes note that almost 99 % of funds were committed under Title II ‘Administrative Expenditure’ in 2011; notes, moreover, that the payments execution ratio was 78 %, compared to 72 % in 2010;

                  10.

                  Acknowledges that almost 96 % of funds were committed under Title III in 2011, while the payments execution ratio was 58 % in 2011, compared to 59 % in 2010; calls on Eurojust to inform the discharge authority of the actions taken to address that deficiency as the low execution ratio indicates difficulties in the planning or implementation of Eurojust activities;

         Accounting system

                  11.

                  Takes note from the annual accounts that in 2011, Eurojust used the accrual based accounting financial system, the accounting system used by the Commission for the budgetary accounting; notes, moreover, that the budgetary information is integrated in one system which has SAP as a back-end for the accounting part;

         Transfers

                  12.

                  Acknowledges from the annual accounts that there were a total of 12 budget transfers during 2011;

         Premises

                  13.

                  Takes note from the 2011 Eurojust Annual Activity Report (AAR) that an agreement was reached with the Netherlands, as host Member State, for the new Eurojust premises in 2015 through the Cooperation Agreement dated 30 June 2011 and with Union institutions over the budgetary implications;

         Recruitment procedures

                  14.

                  Notes the fact that the Court of Auditors has, once again, observed shortcomings in the implementation of recruitment procedures; accordingly, calls on Eurojust to set up a comprehensive recruitment action plan, respecting equal opportunities for all candidates, to significantly reduce the vacancy rate and to inform the discharge authority about the taken actions; considers that some of the provisions of the Staff Regulations may present a considerable administrative burden; therefore encourages the Commission to allow for a certain degree of simplification under Article 110 of the Staff Regulations in regard to the agencies;

                  15.

                  Acknowledges from the AAR that the number of persons working at Eurojust in 2011 was 269, as follows:

                              —

                              42 prosecutors, judges or police officers of equivalent competence seconded by Member States, assisted by 15 seconded national experts (SNEs) to the national desks;

                              —

                              210 persons employed under Staff Regulations, assisted by two SNEs in the administration;

         Performance

                  16.

                  Notes that the number of cases where Member States requested the assistance of Eurojust in fighting serious cross-border crime increased from 1 421 in 2010 to 1 441 in 2011; acknowledges in particular that 218 fraud cases were registered in 2011 and that the number of coordination meetings in fraud increased from 17 in 2010 to 58 in 2011; welcomes the fact that the same year Eurojust, together with the Economic Crimes Team, finalised the strategic project on enhancement of exchange of information and mutual legal assistance between judicial authorities of the Member States in the area of VAT fraud;

                  17.

                  Takes note that 26 corruption cases were registered in 2011 against 31 in 2010; highlights that the number of coordination meetings increased from 11 in 2010 to 19 in 2011; welcomes the fact that the same year, a Joint Investigation Team on corruption achieved positive outcome with a Member State firm paying a settlement of around EUR 3 000 000 following a cross-border corruption case with global aspects;

                  18.

                  Notes that the Court of Auditors again pointed out the need to reconsider the definition of the respective roles and responsibilities between the Director and the College of Eurojust; announces its intention to consider this issue in the next revision of Council Decision 2002/187/JHA regulating Eurojust;

                  19.

                  Acknowledges that a cooperation agreement regarding Eurojust’s new premises as of 2015 was signed with the Host State;

                  20.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 17 April 2013 (7) on the performance, financial management and control of the agencies.

         (1)  OJ C 388, 15.12.2012, p. 180.

         (2)  OJ L 248, 16.9.2002, p. 1.

         (3)  OJ L 298, 26.10.2012, p. 1.

         (4)  OJ L 63, 6.3.2002, p. 1.

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

         (6)  OJ L 286, 17.10.2012, p. 267.

         (7)  Texts adopted, P7_TA(2013)0134. (See page 374 of this Official Journal).