title: Council Decision (EU) 2015/709 of 21 April 2015 on the position to be adopted on behalf of the European Union within the EU-Turkey Association Council as regards the replacement of Protocol 3 to Decision No 1/98 of the EC-Turkey Association Council on the trade regime for agricultural products, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, by a new protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin

text:
                  1.5.2015

                  EN

                  Official Journal of the European Union

                  L 113/48

            COUNCIL DECISION (EU) 2015/709
      of 21 April 2015
      on the position to be adopted on behalf of the European Union within the EU-Turkey Association Council as regards the replacement of Protocol 3 to Decision No 1/98 of the EC-Turkey Association Council on the trade regime for agricultural products, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, by a new protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin
      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4) in conjunction with Article 218(9) thereof,
      Having regard to the proposal from the European Commission,
      Whereas:

                  (1)

                  Protocol 3 to Decision No 1/98 of the EC-Turkey Association Council on the trade regime for agricultural products (1), concerns the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 3’).

                  (2)

                  The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (2) (‘the Convention’) lays down provisions on the origin of goods traded under relevant agreements concluded between the Contracting Parties.

                  (3)

                  The Union and Turkey signed the Convention on 15 June 2011 and 4 November 2011 respectively.

                  (4)

                  The Union and Turkey deposited their instruments of acceptance with the depositary of the Convention on 26 March 2012 and 4 December 2013 respectively. Consequently, in application of Article 10(3) of the Convention, the Convention entered into force in relation to the Union and Turkey on 1 May 2012 and on 1 February 2014 respectively.

                  (5)

                  Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the EU-Turkey Association Council should adopt a decision replacing Protocol 3 by a new protocol which, with regard to the rules of origin, refers to the Convention.

                  (6)

                  The position of the Union within the EU-Turkey Association Council should therefore be based on the attached draft decision,

            HAS ADOPTED THIS DECISION:
      Article 1
      The position to be adopted on behalf of the European Union within the EU-Turkey Association Council as regards the replacement of Protocol 3 to Decision No 1/98 of the EC-Turkey Association Council on the trade regime for agricultural products, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, by a new protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin, shall be based on the draft decision of the EU-Turkey Association Council attached to this Decision.
      Minor changes to the draft decision of the EU-Turkey Association Council may be agreed to by the representatives of the Union in the EU-Turkey Association Council without further decision of the Council.
      Article 2
      The decision of the EU-Turkey Association Council shall be published in the Official Journal of the European Union.
      Article 3
      This Decision shall enter into force on the date of its adoption.

         Done at Luxembourg, 21 April 2015.

               For the Council

               The President

            E. RINKĒVIČS

         (1)  OJ L 86, 20.3.1998, p. 1.

         (2)  OJ L 54, 26.2.2013, p. 4.

         DRAFT
         DECISION No … OF THE EU-TURKEY ASSOCIATION COUNCIL
         of …
         replacing Protocol 3 to Decision No 1/98 of the EC-Turkey Association Council on the trade regime for agricultural products, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
         THE EU-TURKEY ASSOCIATION COUNCIL,
         Having regard to Decision No 1/98 of the EC-Turkey Association Council on the trade regime for agricultural products (1), and in particular Article 4 thereof,
         Having regard to Protocol 3 to Decision No 1/98 of the EC-Turkey Association Council on the trade regime for agricultural products, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation,
         Whereas:

                     (1)

                     Article 4 of Decision No 1/98 of the EC-Turkey Association Council on the trade regime for agricultural products refers to Protocol 3 to that Decision (‘Protocol 3’) which lays down the rules of origin and provides for cumulation of origin between the Union, Turkey and other Contracting Parties to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (2) (‘the Convention’).

                     (2)

                     Article 39 of Protocol 3 provides that the Association Council may decide to amend the provisions of that Protocol.

                     (3)

                     The Convention aims to replace the protocols on rules of origin currently in force among the countries of the pan-Euro-Mediterranean area with a single legal act.

                     (4)

                     The Union and Turkey signed the Convention on 15 June 2011 and 4 November 2011 respectively.

                     (5)

                     The Union and Turkey deposited their instruments of acceptance with the depositary of the Convention on 26 March 2012 and 4 December 2013 respectively. Consequently, in application of Article 10(3) of the Convention, the Convention entered into force in relation to the Union and Turkey on 1 May 2012 and on 1 February 2014 respectively.

                     (6)

                     The Convention has included the participants in the Stabilisation and Association Process in the pan-Euro-Mediterranean zone of cumulation of origin.

                     (7)

                     Protocol 3 should therefore be replaced by a new protocol making reference to the Convention,

               HAS ADOPTED THIS DECISION:
         Article 1
         Protocol 3 to Decision No 1/98 of the EC-Turkey Association Council on the trade regime for agricultural products, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation is replaced by the text set out in the Annex to this Decision.
         Article 2
         This Decision shall enter into force on the date of its adoption.
         It shall apply from … (*).

            Done at …,

                  For the EU-Turkey Association Council

                  The President

            (1)  OJ L 86, 20.3.1998, p. 1.

            (2)  OJ L 54, 26.2.2013, p. 4.

            (*)  Date of application to be determined by the Association Council.

            ANNEX

                  ‘Protocol 3
                  concerning the definition of the concept of “originating products” and methods of administrative cooperation
                  Article 1
                  Applicable rules of origin
                  1.   For the purpose of implementing this Decision, Appendix I and the relevant provisions of Appendix II to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (1) (“the Convention”) shall apply.
                  2.   All references to the “relevant agreement” in Appendix I and in the relevant provisions of Appendix II to the Convention shall be construed so as to mean this Decision.
                  Article 2
                  Dispute settlement
                  1.   Where disputes arise in relation to the verification procedures of Article 32 of Appendix I to the Convention that cannot be settled between the customs authorities requesting the verification and the customs authorities responsible for carrying out that verification, they shall be submitted to the Association Council.
                  2.   In all cases the settlement of disputes between the importer and the customs authorities of the importing country shall take place under the legislation of that country.
                  Article 3
                  Amendments to the Protocol
                  The Association Council may decide to amend this Protocol.
                  Article 4
                  Withdrawal from the Convention
                  1.   Should either the European Union or Turkey give notice in writing to the depositary of the Convention of their intention to withdraw from the Convention according to Article 9 thereof, the European Union and Turkey shall immediately enter into negotiations on rules of origin for the purpose of implementing this Decision.
                  2.   Until the entry into force of such newly negotiated rules of origin, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention, applicable at the moment of withdrawal, shall continue to apply to this Decision. However, as of the moment of withdrawal, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention shall be construed so as to allow bilateral cumulation between the European Union and Turkey only.
                  Article 5
                  Transitional provisions — cumulation
                  Notwithstanding Articles 16(5) and 21(3) of Appendix I to the Convention, where cumulation involves only EFTA States, the Faroe Islands, the European Union, Turkey and the participants in the Stabilisation and Association Process, the proof of origin may be a movement certificate EUR.1 or an origin declaration.’

               (1)  OJ L 54, 26.2.2013, p. 4.


69/13/Euratom/ECSC/EEC: Decision of 16 January 1969 setting up the Office for Official Publications of the European Communities


title: Council Decision (EU, Euratom) 2017/42 of 19 December 2016 appointing a member, proposed by the Italian Republic, of the European Economic and Social Committee

text:
               10.1.2017

               EN

               Official Journal of the European Union

               L 5/22

         COUNCIL DECISION (EU, Euratom) 2017/42
   of 19 December 2016
   appointing a member, proposed by the Italian Republic, of the European Economic and Social Committee
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
   Having regard to the proposal of the Italian Government,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               On 18 September 2015 and 1 October 2015, the Council adopted Decisions (EU, Euratom) 2015/1600 (1) and (EU, Euratom) 2015/1790 (2) appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020.

               (2)

               A member's seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Carmelo CEDRONE,

         HAS ADOPTED THIS DECISION:
   Article 1
   Ms Ester VITALE, Segretaria Generale aggiunta UIL Caltanissetta e Enna, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2020.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 19 December 2016.

            For the Council

            The President

         L. SÓLYMOS

      (1)  Council Decision (EU, Euratom) 2015/1600 of 18 September 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 248, 24.9.2015, p. 53).

      (2)  Council Decision (EU, Euratom) 2015/1790 of 1 October 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 260, 7.10.2015, p. 23).


title: 2004/729/EC: Decision of the European Parliament of 21 April 2004 concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year (Section I — European Parliament)

text:
               21.4.2004

               EN

               Official Journal of the European Union

               L 330/158

         DECISION OF THE EUROPEAN PARLIAMENT
   of 21 April 2004
   concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year (Section I — European Parliament)
   (2004/729/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the Revenue and Expenditure Account and Balance Sheet in respect of the financial year 2002 (I5-0034/2003 — C5-0088/2004),
   having regard to the annual report of the Court of Auditors concerning the financial year 2002 and the institutions' replies (C5-0583/2003) (1),
   having regard to the Statement of Assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (C5-0583/2003),
   having regard to Article 275 of the EC Treaty, Article 78 d of the ECSC Treaty and Article 179a of the Euratom Treaty,
   having regard to Article 77 of the Financial Regulation of 21 December 1977 (2) and Articles 145 to 147 of the Financial Regulation of 25 June 2002 (3) and Article 13 of the internal rules for the implementation of the European Parliament's budget (4),
   having regard to Article 89(7) of the Financial Regulation of 21 December 1977, pursuant to which each Community institution is required to take all appropriate steps to act on the comments appearing in the decisions giving discharge,
   having regard to Rules 93a and 184(3) of its Rules of Procedure, and Annex V thereto, in their versions applying before 1st January 2003 and as from that date,
   having regard to the report of the Committee on Budgetary Control (A5-0218/2004),

               1.

               Grants its Secretary-General discharge in respect of the implementation of the budget for the 2002 financial year;

               2.

               Records its comments in the accompanying resolution;

               3.

               Authorises the giving of discharge to the Accounting Officer for the 2002 financial year in accordance with the transitional provisions (5) governing the discharge procedure in respect of the period prior to the entry into force of the new Financial Regulation;

               4.

               Instructs its President to forward this Decision and the accompanying resolution to the Council, the Commission, the Court of Justice, the Court of Auditors and the Ombudsman and to have them published in the Official Journal of the European Union (L-series).

            The Seceretary-General

         Julian PRIESTLEY

            The President

         Pat COX

      (1)  OJ C 286, 28.11.2003, p. 1.

      (2)  OJ L 356, 31.12.1977, p. 1.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  PE 265.492/BUR/FIN.

      (5)  Article 267 of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 357, 31.12.2002, p. 1).
    ---documentbreak---

               21.4.2004

               EN

               Official Journal of the European Union

               L 330/160

         RESOLUTION
   of the European Parliament accompanying the decision concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year (Section I — European Parliament)
   THE EUROPEAN PARLIAMENT,
   having regard to the Revenue and Expenditure Account and Balance Sheet in respect of the financial year 2002 (I5-0034/2003 — C5-0088/2003),
   having regard to the annual report of the Court of Auditors concerning the financial year 2002 and the institutions' replies (C5-0583/2003) (1),
   having regard to the Statement of Assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (C5-0583/2003),
   having regard to Article 275 of the EC Treaty, Article 78d of the ECSC Treaty and Article 179a of the Euratom Treaty,
   having regard to Article 77 of the Financial Regulation of 21 December 1977 (2) and Articles 145 to 147 of the Financial Regulation of 25 June 2002 (3) and Article 13 of the internal rules for the implementation of the European Parliament's budget (4),
   having regard to Article 89(7) of the Financial Regulation of 21 December 1977, pursuant to which each Community institution is required to take all appropriate steps to act on the comments appearing in the decisions giving discharge,
   having regard to Rules 93a and 184(3) of its Rules of Procedure, and Annex V thereto, in their versions applying before 1 January 2003 and as from that date,
   having regard to the report of the Committee on Budgetary Control (A5-0218/2004),

               A.

               Whereas the Financial Regulation adopted on 25 June 2002 and the Rules of Procedure of Parliament amended on 23 October 2002 apply with effect from 1 January 2003 as regards procedural rules governing the discharge procedure.

               B.

               Whereas the substantive provisions of the Financial Regulation of 21 December 1977 and the Rules of Procedure of Parliament applying in 2002 continue to govern the responsibilities of financial actors in 2002.

               C.

               Whereas Parliament's Rules of Procedure were amended on 23 October 2002 to stipulate that discharge shall be given to the President rather than to the Secretary-General.

               D.

               Whereas, however, that amendment cannot be applied retrospectively as it concerns a substantive rule governing responsibility; for the 2002 financial year discharge must therefore continue to be given to the Secretary-General,

               1.

               Takes note of the figures with which the European Parliament's accounts for the 2002 financial year were closed, namely:

                           (in euro)

                           Use of appropriations

                           Appropriations for the 2002 financial year

                           Appropriations carried over from 2001 financial year

                           Article 7(1)(b) of theFinancial Regulation

                           Article 7(1)(a) of the Financial Regulation (5)

                           Appropriations available

                           992 310 000 (6)

                           136 621 422

                           —

                           Commitments entered into

                           977 212 022

                           —

                           —

                           Payments made

                           876 911 049

                           126 254 342

                           —

                           Appropriations carried over to 2003

                                       —

                                       Article 9(1) and (4) of the Financial Regulation

                           100 300 973

                                       —

                                       Article 9(2a) and (5) of the Financial Regulation

                           3 302 900

                           —

                           —

                           Cancelled appropriations

                           11 795 078

                           10 367 080

                           —

                           Balance Sheet at 31 December 2002: 1 403 669 148

         Implementation of the budget

               2.

               Congratulates the Secretary-General on the efficient use of the budgetary appropriations made available by Parliament; thanks all Parliament staff for the effective support provided to Members during the 1999 to 2004 term;

               3.

               Notes that the principal changes to the appropriations in the 2002 budget as originally adopted concerned:

                           —

                           the European Convention, whose financing necessitated a supplementary and amending budget (No 1), the addition of a budgetary heading to Section I of the budget (Parliament) (Article 372) and the transfer of EUR 1 million from Chapter 101,

                           —

                           preparations for enlargement, including ‘frontloading’ operations whereby as a result of a supplementary and amending budget, the Commission was able to utilise appropriations available in 2002 in respect of expenditure initially planned for 2003 and a similar amount was added to Parliament's budget for 2003;

               4.

               Notes that in 2002 the European Parliament received revenue of EUR 67 256 006 (2001: EUR 68 415 805);

               5.

               Takes cognisance of the note forwarded by the Court of Auditors on 17 November 2003 in accordance with Article 39(3) of the Financial Regulation evaluating the four withholdings of approval during 2002;

               6.

               Points to the overall opinion expressed in the section of the Court of Auditors' annual report for 2002 on administrative expenditure (paragraph 9.14), concerning the results of testing carried out at the European Parliament on a sample of transactions in the financial year 2002, to the effect that, apart from specific findings set out in the annual report, no material errors were noted in the sample of transactions tested;

               7.

               Persists in the view that the error-identification service hitherto provided by Financial Control must now be at least matched by the detection and correction capacity of the authorising officers' own services;

         Presentation and content of the accounts

               8.

               Applauds the improved readability of the analysis of budgetary management accompanying the accounts, as called for in previous annual reports by the Court of Auditors;

               9.

               Repeats its request to the Secretary-General, contained in paragraph 16 of the 2001 discharge resolution of 8 April 2003 (7), for a report on the feasibility of publishing Parliament's accounts together with the analysis of budgetary management on Parliament's website;

               10.

               Takes note of the Secretary-General's reply to question 37 of the 2002 discharge questionnaire (PE 338.137) that ‘formal management and control procedures within Parliament up to the end of 2002 (Advisory Committee on Procurement and Contracts (ACPC), Financial Control, Legal Service) and the importance attached to sound financial management both by Parliament's Administration and by its control authorities, make it unlikely that situations similar to that found at Eurostat could have occurred within Parliament’;

         Governance

               11.

               Recalls the statement contained in paragraph 3 of the abovementioned 2001 discharge resolution that ‘the scope of the discharge procedure should cover not only the management activities of Parliament's Secretary-General and Administration, but also the decisions taken by its governing bodies, i.e. its President, Bureau and Conference of Presidents’;

               12.

               Notes that in accordance with Rule 93a, first indent, of the Rules of Procedure, discharge will in future be given to the President of the European Parliament rather than to the Secretary-General;

               13.

               Believes that in the context of current debates on corporate and institutional governance there is a convincing case for strengthening the degree of accountability prevailing not only at the level of authorising officers in respect of the commitment and disbursement of budget appropriations, but also at the level of the political authorities in cases where they take decisions having significant financial consequences;

               14.

               Points out that, under the Financial Regulation, an authorising officer is liable to disciplinary action and payment of compensation for his acts or omissions in his official capacity (Article 65(2)); notes further that an authorising officer by delegation must in future report to the Institution by way of an annual activity report (Article 60(7));

               15.

               Notes that according to the list of their responsibilities (8) certain Members of the Bureau now oversee specific sectors of the Administration's activities and may participate in that capacity in negotiations with third parties and give undertakings on behalf of the Institution (in accordance with a mandate determined by the Bureau) in such a way as to create legal and/or financial commitments in matters potentially having significant budgetary consequences;

               16.

               Notes that there is at present no definition of the precise practical meaning of the political responsibility attaching to Parliament's governing bodies as regards the exercise of powers and the taking of decisions with significant financial consequences; instructs its competent committee and Bureau to consider this matter and draw up specific proposals;

               17.

               Takes the view that in the interest of greater transparency and accountability such proposals might include:

                           —

                           an annual financial review by the President on behalf of the Bureau (similar to the report of a company's board of directors to its shareholders) setting out and commenting on the principal financial events and trends, as well as positive and negative developments during the financial year under review,

                           —

                           an examination of the changes which would be necessary in order to anchor political responsibility for financial matters more firmly within Parliament's internal rules on the budget or its Rules of Procedure, including possibly the requirement for Vice-Presidents with responsibility for management functions to submit an annual declaration;

         Follow-up to the 2001 discharge

               18.

               Recalls that in paragraph 11 of its discharge resolution of 10 April 2002 (9) concerning the 2000 financial year, Parliament requested its Secretary-General to provide the Committee on Budgetary Control with the sector letter from the Court of Auditors and the Administration's replies;

               19.

               Notes that this request was fully complied with in the discharge procedure concerning the 2001 financial year;

               20.

               Considers that the absence of any corresponding provisions in the internal rules (10) on the implementation of the budget adopted by the Bureau on 4 December 2002 cannot be advanced as a justification for the Administration's failure in the context of the current discharge process to comply with a request contained in an earlier higher-ranking text (Parliament's resolution of 10 April 2002);

               21.

               Takes the view that there can be no reasonable objection to the disclosure of sector letters to the competent committee, or its rapporteur, on a confidential basis once the Court of Auditors' annual report has been published;

               22.

               Calls upon the Secretary-General to give clear instructions for the forwarding of the sector letters, in accordance with confidentiality procedures, to the competent committee in the context of the discharge procedure for the 2003 financial year;

         Implementation of the recast Financial Regulation

               23.

               Recognises the achievement of the Administration in having successfully completed the steps necessary to put the recast Financial Regulation into practical effect in the short time between the date of its adoption (25 June 2002) and the date of its entry into force (1 January 2003); points out, however, that there should be an in-depth analysis of the effects brought about by applying the detailed rules for implementing the new Financial Regulation so that there is no recurrence of the operational failures which took place in 2003, the Info Points Europe being one example of such lack of foresight;

               24.

                           (a)

                           Notes that according to Article 13(8) of the Internal Rules (11) implementing the recast Financial Regulation, adopted by the Bureau on 4 December 2002, the activities of the Internal Auditor do not extend to the conditions under which use is made of the appropriations against Item 3701, ‘Secretarial expenses, current administrative expenditure and expenditure relating to the political and information activities of the political groups and non-attached Members’;

                           (b)

                           Notes further that the revised text of the Rules governing the utilisation of appropriations entered against Item 3701 adopted by the Bureau on 30 June 2003 departs in several respects from the provisions of the Financial Regulation; considers that any derogations from the general rules contained in the Financial Regulation must be based on sound legal and practical considerations;

                           (c)

                           Welcomes the report of the Secretaries-General of the political groups of 4 February 2004 in which they propose a number of changes to the rules governing the utilisation of appropriations entered against Item 3701; believes that these changes represent an important step in the right direction;

                           (d)

                           Calls on the Bureau to bring Parliament's Internal Rules and the Rules governing the utilisation of appropriations entered against item 3701 more closely into line with the provisions of the Financial Regulation and the Implementing Rules on the basis of the proposals made by the Secretaries-General;

                           (e)

                           Asks the Secretaries-General of the political groups to present a further report, by 1 July 2004, setting out how the remaining divergences between the Financial Regulation and the Parliament's internal rules can be addressed, including, if necessary, a recommendation on how the Financial Regulation and/or the Implementing Rules could be amended to take account of the specific status of political groups;

                           (f)

                           Stresses in particular the necessity, in accordance with the indications of the Court of Justice, to apply the relevant provisions governing item 3701 to non-attached Members in a strictly analogous manner in order to avoid any discrimination in the use of these funds;

               25.

               Notes that the Internal Auditor's work programme for 2003 included an audit of the Parliament's internal control framework, whose main objective is to reassess the level of general compliance with the Institution's minimum standards of internal control; notes that its competent committee will be informed of the results of the audit when the Internal Auditor's annual report is issued;

               26.

               Notes that the Internal Audit Service is conducting an audit of the procurement process, under the new Financial Regulation, the findings of which are expected during the first half of 2004; insists that the Secretary-General inform its competent committee of those findings and of the follow-up action which he decides on in relation thereto as soon as the procedures laid down in the Internal Rules have been completed;

               27.

               Welcomes the Secretary-General's undertaking (12) in future to supply the Committee on Budgetary Control on request with copies of the annual activity reports drawn up by the authorising officers by delegation pursuant to Article 60(7) Financial Regulation;

         Staff and administration

               28.

               Asks the Bureau to ensure that all appointments at A 1 and A 2 level take place in a fully open, transparent and competitive manner with staff committee representatives with observer status being present on selection committees;

               29.

               Recalls that in paragraph 28 of the resolution on the 2001 discharge it asked for proposals to be made before 1 July 2003 to remedy the situation of former LA officials who had passed an internal competition and moved to an A-category post before the introduction of ‘décloisonnement’ and were thereby placed at the starting grade (A 7) in the A category irrespective of their seniority in the LA category; notes that, in his reply of 18 February 2004, the Secretary-General recognised that these LA officials had been‘prejudiced in comparison with other LA officials who benefited from “décloisonnement”’; therefore asks the Secretary-General, in observance of the principle of non-discrimination among officials, to put forward specific proposals aimed at compensating the ‘small number’ of LA officials whose initiative and energy have paradoxically placed them in a very unfavourable position;

               30.

               Welcomes the model adopted by a number of divisions in the Translation Directorate, by which divisions are split into specialised teams reflecting the terms of reference of parliamentary committees; notes that this system has led to an increase in productivity; calls on the Parliament's Administration to examine whether this system could be extended to all divisions in the translation service;

               31.

               Recalls that security measures were tightened up following the terrorist attacks of 11 September 2001; calls on the Secretary-General, in light of recent events and the current international security climate, to review and update all security arrangements, anticipating potential threats and making contingency plans, seeking expert advice and ensuring that properly trained security personnel are employed on Parliament's premises;

         Political group accounts

               32.

               Points out that the political groups only partially answered the questionnaire submitted by its Committee on Budgetary Control in the context of the 2002 discharge process;

               33.

               Welcomes the fact that the annual accounts of the political groups are now published on Parliament's website; regrets, however, that no action has been taken in response to the request contained in paragraph 80(d) of Parliament's resolution of 8 April 2003 calling for the groups' internal financial rules for the use of the budget line 3701 appropriations also to be published on Parliament's website;

               34.

               Considers it necessary, in order to avoid potential conflicts of interest, to ensure that the same audit firm does not provide related services;

               35.

               Calls on the Secretary-General to examine a proposal for the rotation of group audit firms (or at least of the person within the audit firm responsible for the group's audit) every five years;

               36.

               Recalls paragraph 85 of its resolution of 8 April 2003 instructing its competent committee to continue to dedicate a section of its annual discharge report to the accounts of the political groups and non-attached Members giving particular attention to any specific remarks made by the Court of Auditors in the context of the discharge for the 2002 financial year;

               37.

               Points out that the 2002 annual report by the Court of Auditors contains a section examining the follow-up to its special report No 13/2000 (13) on the expenditure of the European Parliament's political groups;

               38.

               Notes that in 2002 the appropriations entered in budget heading 3701 were allocated pursuant to the Bureau's decision of 4 February 2002 as follows:
               Total available: EUR 34 988 000
               Non-attached Members (33): EUR 1 154 604
               Amount available for groups: EUR 33 833 396

                              Group

                              Number of Members

                              Total allocated 1.1.2002

                              Carried over from 2001
                               (14)

                              Expenditure in 2002
                               (14)

                              Utilisation rate %

                              Carried forward to 2003
                               (14)

                           PPE

                           232

                           12 922 519

                           7 234 352

                           15 870 767

                           122,82

                           4 775 841

                           PSE

                           179

                           10 067 849

                           7 592 863

                           13 575 568

                           134,84

                           4 573 736

                           ELDR

                           53

                           3 042 382

                           1 292 952

                           3 334 600

                           110,44

                           1 079 435

                           VERTS

                           45

                           2 656 812

                           2 313 851

                           4 105 303

                           155,20

                           952 607

                           GUE/NGL

                           44

                           2 684 778

                           1 923 255

                           3 650 792

                           135,37

                           1 081 653

                           UEN

                           22

                           1 328 517

                           1 034 056

                           2 009 402

                           151,25

                           383 067

                           EDD

                           18

                           1 130 539

                           717 208

                           1 456 489

                           128,83

                           465 517

                           TOTAL

                           593

                           33 833 396

                           22 108 537

                           44 002 921

                           130,06

                           13 311 856

               39.

               Recalls that Article 2(1)(6) of the rules (15) governing budget heading 3701 allows the groups and the non-attached Members to carry forward a maximum of 50 % of the annual appropriations received from the European Parliament's budget; notes that no political group exceeded the limit of 50 % on appropriations to be carried forward from 2002 to 2003 (16);

               40.

               Notes the following remark by the Court of Auditors with regard to the political groups' accounts of 2002 (annual report, paragraph 9.29. et seq.):

                           —

                           both cash-based and accrual accounting are used (or sometimes a mixture of both), depending on the political group involved, which makes comparison difficult,

                           —

                           the financial statements do not provide the detailed information on decentralised expenditure required by the accounting plan,

                           —

                           considerable progress has been made in including information on fixed assets in both the accounting records of the groups and Parliament's own inventory system,

                           —

                           as regards the external audit of the groups' accounts, the content of the audit statements varied for the seven sets of accounts certified (by five different firms);

               41.

               Shares the view that the informative value of the groups' annual reports on the utilisation of the appropriations continues to be limited, because the rules do not require, in addition to the financial statements, the provision of information on the objectives, the type and the cost of the main activities financed;

               42.

               Instructs its Secretary-General to report on the feasibility of establishing a standard format laying down the matters to be covered in both (i) the analysis of budgetary management accompanying the groups' accounts; and (ii) the opinions drawn up by the external auditors;

               43.

               Instructs its competent bodies in any future review of the rules governing budget heading 3701 to remedy the absence of global reporting on the use of the appropriations;

               44.

               Agrees that unless and until the political groups acquire a separate legal personality, the amounts of appropriations carried forward by political groups should be shown on the assets side of the balance sheet of the European Parliament;

               45.

               Notes that expenditure by national delegations represents half of the total expenditure and that compliance with specific provisions requires on-the-spot verification in addition to audits in the central premises of the political groups; suggests that the audit provisions of the relevant rules should be amended accordingly;

               46.

               Notes that under Article 1(6)(2) of the rules (17) governing budget heading 3701 the political groups may at present give up to 5 % of their annual subsidy to political parties; recalls that according to Article 6 of Regulation (EC) No 2004/2003 (18) on political party funding a European political party may not accept donations from the budgets of political groups in the European Parliament; instructs its competent bodies to take note of this provision when next revising the relevant rules;

         Non-attached Members

               47.

               Notes that not all non-attached Members have submitted the necessary documentation to the Administration concerning the financial year 2002;

               48.

               Points out that under Article 2(9)(6) of the rules currently in force as regards non-attached Members (19), the Administration is required to draw up a statement of revenue and expenditure and a balance sheet for each Member demonstrating the regularity of the accounts and their consistency with the rules;

               49.

               Recalls that, until these new rules were adopted, responsibility for submitting the reports and accounts required by the rules governing budget heading 3701 lay with each individual non-attached Member;

               50.

               Regrets that the Administration has been unable to forward the reports and accounts for 2002 to the competent committee because not all non-attached Members have yet provided a satisfactory account of their use of the relevant appropriations in 2002;

               51.

               Notes that unlike the political groups the accounts of the non-attached Members are not subjected to an external audit;

               52.

               Considers that the use by the non-attached Members of budget heading 3701 appropriations falls within the purview of Parliament's internal auditor and that Article 13(8) of Parliament's internal rules on the implementation of the budget should be interpreted accordingly;

         Members' allowances

               53.

               Regrets the failure of the Council to approve the Statute for Members which had the support of Parliament and would have been a fair system for all members;

               54.

               Believes that the introduction of a Statute for Members accompanied by reform of the system of expenses, as supported by the Parliament, would have been the best way of ensuring the fair and equal treatment of all Members; considers, however, that the Council's failure to approve the Statute does not relieve the Parliament of its responsibility for ensuring that EU funds are spent in an honest and transparent manner;

               55.

               Recalls paragraph 104 of the abovementioned 2001 European Parliament discharge resolution and the recommendations made by the Court of Auditors that there should be no difference between the travel expenses paid by the Parliament and actual costs incurred by a Member, an issue which is being addressed by the Parliament's Bureau as the only body competent to make the appropriate adjustments;

               56.

               Requests the Bureau and Quaestors to review the whole system of Members' allowances and the manner in which they are applied and controlled with a view to ensuring fair and adequate resources for legitimate parliamentary work based on a transparent and accountable system and an efficient and non-bureaucratic disbursement procedure;

               57.

               Calls on the Bureau, in the absence of an agreement on a common Statute for Members, to adopt, as a matter of urgency, new rules governing the payment of expenses and allowances using as a basis the decision of the Bureau of 28 May 2003; considers these new rules should enter into force at the beginning of the next parliamentary term and should provide for, inter alia, the reimbursement of travel expenses on the basis of actual costs incurred;

         Secretarial allowance

               58.

               Notes that, according to the European Parliamentary Assistants Association, the Court of Auditors, the Parliament's own Financial Controller and Mr Onesta, the Vice-President responsible for the Statute for Assistants, the new rules on the payment of the secretarial allowance which entered into effect on 1 January 2001 still pose a number of problems, both in terms of ensuring compliance with the Financial Regulation and with relevant national legislation (taxation, social security and so on), and also in terms of user-friendliness; welcomes, therefore, the changes to the rules governing the payment of the secretarial allowance adopted by the Bureau on 9 February 2004; calls on the Secretary-General to ensure that the new rules are strictly enforced; considers, however, that the new requirement that, in the case of service contracts, invoices or fee statements should be accompanied by statements certifying that the staff concerned are duly affiliated to a social security scheme and that tax and social security contributions are duly paid should not be limited to contracts with a duration exceeding six months;

               59.

               Believes that, as soon as practically feasible, all payments to parliamentary assistants should be made by Parliament's Administration, either directly or through a national paying agent; points out that under such a system the Member would continue to be responsible for decisions such as recruitment, dismissal, leave and level of remuneration, but that Parliament's Administration would be responsible for ensuring that all payments comply with the Financial Regulation and with applicable national legislation; notes that according to Parliament's Administration (20), the cost of such a system should not exceed EUR 120 per Member per month;

               60.

               Further considers that, in order to ensure maximum transparency in the use of the secretarial allowance, all assistants paid from the secretarial allowance must be accredited with the Parliament and that, if necessary in order to achieve this, the new category of ‘constituency-based accreditation’ should be created; notes that as a consequence, the names of all assistants would have to be included in the public register of assistants;

               61.

               Calls on the Secretary-General to inform the Court of Auditors, within two weeks of adoption of this resolution by the European Parliament in plenary sitting, of those accredited assistants who were not paid either from the secretarial allowance or from any other source given in the declaration of financial interests in 2002; instructs the Court of Auditors, in the cases forwarded by the Secretary-General, to ascertain which funds these assistants were paid from and whether there was any infringement of Parliament's prevailing Rules of Procedure or of national rules;

               62.

               Asks the Secretary-General to ensure that the restrictions imposed by current EU Member States on the free movement of workers from the new Member States will not prevent Members from the new Member States from employing assistants from their home country, or impair the ability of those assistants to move freely within the territory of the European Union;

         Subsistence allowance

               63.

               Considers that the attendance registers available for signature by Members must be supervised by a Parliament official at all times; notes that steps have been taken to ensure that this is now the case;

               64.

               Takes the view that the subsistence allowance is a flat-rate sum intended to cover all personal costs incurred by a Member whilst attending Parliament, including taxis; considers therefore that the separate taxi allowance (requiring receipts) introduced in September 2003 and extended in January 2004 is superfluous and should be abolished;

         Health insurance

               65.

               Points out that Members are entitled to free health insurance cover under Parliament's rules, even when national health care schemes are available to them; considers that Parliament's health insurance cover for Members should be additional to any national scheme, whether public or private, and based on market conditions; further considers that Members who choose to take part in the Parliament's scheme should be required to pay a health insurance premium; believes that a change in the rules to this effect should be introduced with effect from the beginning of the next parliamentary term;

         System of advance payments

               66.

               Considers that the existing system of advance payments, whereby Members' expenses claims are reimbursed by Parliament's Administration before the documentary evidence supporting the claim has been verified, should be replaced by a system of individual accounts into which all amounts due to and from each Member would be consolidated, and on the basis of which a single payment to Members would be made once a month;

               67.

               Considers further that until such a system is introduced, and in order to meet the concerns of the Court of Auditors, Members' contributions to the voluntary additional pension scheme should be deducted from payments of the daily subsistence allowance rather than from the general expenditure allowance;

         Parliament's places of work

               68.

               Calls on Parliament's Administration to continue and intensify the dialogue with local residents in the Quartier Léopold area, adjacent to the Parliament's Brussels buildings, in view of the ongoing construction work on the new D4 and D5 buildings; considers that Parliament's Administration must ensure that living conditions do not fall below an acceptable minimum as a result of the construction work, and that every effort must be made to accommodate the wishes of local residents with respect to the future configuration of, and access to, the area immediately surrounding the Parliament's buildings;

         Environment

               69.

               Asks for the comprehensive review of Parliament's internal environmental policy conducted by the consultancy specialising in environmental management and expected (21) to be available at the end of 2003 to be forwarded to its Committee on Budgetary Control;

               70.

               Points out that according to the World Health Organisation exposure to tobacco causes death, disease and disability;

               71.

               Notes the Decision of the European Ombudsman of 23 January 2004 on complaint 260/2003 against the European Parliament, which includes a finding of maladministration and concludes that ‘the European Parliament has failed to take adequate measures to promote compliance with its internal rules on smoking in European Parliament premises’;

               72.

               Believes that the continued failure by the European Parliament to enforce non-smoking measures poses a serious health threat to all users of Parliament's buildings and could lead to significant claims for damages;

               73.

               Takes note of the decision taken by the Commission to ban smoking throughout its buildings (including bars and restaurants) as from 1 May 2004; calls on Parliament's Administration and on the College of Quaestors to institute a ban on smoking throughout the public spaces in Parliament's buildings in the three working places with effect from 1 May 2004; takes the view that special rooms should be designated for people wishing to smoke;

               74.

               Notes that many official documents are still being distributed to Members on paper despite their availability online; points out that in many cases, these documents are discarded without ever being used, which results in a huge waste of money and paper; calls on the College of Quaestors to instruct the Administration to cease the automatic and general distribution of the following types of document to the extent that they are also available online and/or can be transmitted electronically:

                           —

                           Commission documents,

                           —

                           Council documents,

                           —

                           DG 2 and 3 working documents and research papers,

                           —

                           Session documents,

                           —

                           Notices from the Quaestors, the Bureau and other official notices;

               75.

               Asks instead for limited but sufficient numbers of these documents to be available in paper form at the document counter;

               76.

               Calls for a system of electronic signature to be introduced, whereby a Member's signature can be applied to documents such as amendments and parliamentary questions without having to have recourse to transmission of documents on paper.

      (1)  OJ C 286, 28.11.2003, p. 1.

      (2)  OJ L 356, 31.12.1977, p. 1.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  PE 265.492/BUR/FIN.

      (5)  Financial Regulation of 21 December 1977.

      (6)  Including supplementary and amending budget No 1/2002 and No 6/2002.

      (7)  OJ L 148, 16.6.2003, p. 62.

      (8)  PE 315.557/BUR/DEF. See EP website: governing bodies/Bureau/composition.

      (9)  OJ L 158, 17.6.2002, p. 43.

      (10)  PE 324.692/BUR/FIN. See DG8 website.

      (11)  PE 324.692/BUR/FIN. See DG8 website.

      (12)  Source: Secretary-General's reply to paragraph 5 of EP resolution of 8 April.2003.

      (13)  OJ C 181, 28.6.2000, p. 1.

      (14)  Including groups’ own resources, adjustments and recoveries during the year (source: DG 8)

      (15)  Bureau minutes of 1 February 2001.

      (16)  European Parliament, DG8.

      (17)  Bureau minutes of 1 February 2001 and 30 June 2003.

      (18)  OJ L 297, 15.11.2003, p. 1.

      (19)  Bureau minutes of 30 June 2003.

      (20)  Question No 5, 2002 discharge questionnaire (PE 338.137).

      (21)  Secretary-General's reply to paragraph 112 of European Parliament resolution of 8 April 2003.


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32001D0161

2001/161/EC: Council Decision of 26 February 2001 extending Decision 91/482/EEC on the association of the overseas countries and territories with the European Community

Official Journal L 058 , 28/02/2001 P. 0021 - 0021

Council Decisionof 26 February 2001extending Decision 91/482/EEC on the association of the overseas countries and territories with the European Community(2001/161/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Decision 91/482/EEC(1), and in particular Article 240(4), second subparagraph thereof,Having regard to the proposal from the Commission,Whereas:(1) Pending the entry into force of a new Council Decision on the association of the overseas countries and territories (OCT) with the European Community, the applicable provisions under Decision 91/482/EEC should be extended until the entry into force of the new Decision, but not beyond 1 December 2001.(2) For the purpose of continuing participation by OCT nationals, account should be taken on a transitional basis of new Community programmes which succeed those which have lapsed or which are established in the interim period,HAS DECIDED AS FOLLOWS:Article 1Decision 91/482/EEC is amended as follows:1. Article 233c, shall be amended as follows:(a) the introductory wording shall be replaced by the following:"The following programmes, and any programmes succeeding them, shall apply to OCT nationals, in accordance with the conditions applicable for their Member State.";(b) the following paragraph shall be added:"The Commission may modify this list at the request of an OCT or a Member State or on its own initiative, in order to include any relevant new future programmes."2. Article 240(1) shall be replaced by the following:"1. This Decision shall apply until 1 December 2001."Article 2This Decision shall take effect on the day of its publication in the Official Journal of the European Communities.It shall apply from 1 March 2001.Done at Brussels, 26 February 2001.For the CouncilThe PresidentA. Lindh(1) OJ L 263, 19.9.1991, p. 1. Decision as last amended by Decision 2000/169/EC (OJ L 55, 29.2.2000, p. 67).


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31981D0788

81/788/Euratom, ECSC, EEC: Council Decision of 28 September 1981 appointing the members of the Court of Auditors

Official Journal L 290 , 10/10/1981 P. 0020

****( 1 ) OPINION DELIVERED ON 18 SEPTEMBER 1981 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).    COUNCIL DECISION   OF 28 SEPTEMBER 1981   APPOINTING THE MEMBERS OT THE COURT OF AUDITORS  ( 81/788/EURATOM , ECSC , EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLE 78E THEREOF ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 206 THEREOF ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY , AND IN PARTICULAR ARTICLE 180 THEREOF ,   HAVING REGARD TO THE TREATY ESTABLISHING A SINGLE COUNCIL AND A SINGLE COMMISSION OF THE EUROPEAN COMMUNITIES , AND IN PARTICULAR ARTICLE 22 THEREOF ,   HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT  ( 1 ),   WHEREAS , ON THE FIRST APPOINTMENT OF MEMBERS OF THE COURT OF AUDITORS , FOUR OF THEM , CHOSEN BY LOT IN ACCORDANCE WITH ARTICLE 2 OF COUNCIL DECISION 77/656/EEC , EURATOM , ECSC OF 18 OCTOBER 1977 , WERE APPOINTED FOR A TERM OF OFFICE OF FOUR YEARS ONLY ;   WHEREAS THE TERM OF OFFICE OF THESE MEMBERS SHOULD BE RENEWED ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE FOLLOWING PERSONS ARE HEREBY APPOINTED MEMBERS OF THE COURT OF AUDITORS FOR THE PERIOD 18 OCTOBER 1981 UP TO AND INCLUDING 17 OCTOBER 1987 :   MR ALDO ANGIOI ,   MR PAUL GAUDY ,   MR ARNE K . JOHANSEN ,   MR MICHAEL N . MURPHY .   ARTICLE 2   THIS DECISION SHALL TAKE EFFECT ON 18 OCTOBER 1981 .   DONE AT BRUSSELS , 28 SEPTEMBER 1981 .   FOR THE COUNCIL   THE PRESIDENT   P . WALKER


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31978Y0530(02)

Decision No 109 of 18 November 1977 amending Decision No 92 of 22 November 1973 concerning the concept of sickness and maternity insurance benefits in kind referred to in Article 19 (1) and (2), 22, 25 (1), (3) and (4), 26, 28 (1) and 28a, 29 and 31 of Council Regulation (EEC) No 1408/71 and the determination of the amounts to be refunded under Articles 93, 94 and 95 of Council Regulation (EEC) No 574/72, as well as the advances to be paid in pursuance of Article 102 (4) of the same Regulation

Official Journal C 125 , 30/05/1978 P. 0002 - 0003 Spanish special edition: Chapter 05 Volume 2 P. 0151  Portuguese special edition Chapter 05 Volume 2 P. 0151

DECISION No 109 of 18 November 1977 amending Decision No 92 of 22 November 1973 concerning the concept of sickness and maternity insurance benefits in kind referred to in Article 19 (1) and (2), 22, 25 (1), (3) and (4), 26, 28 (1) and 28a, 29 and 31 of Council Regulation (EEC) No 1408/71 and the determination of the amounts to be refunded under Articles 93, 94 and 95 of Council Regulation (EEC) No 574/72, as well as the advances to be paid in pursuance of Article 102 (4) of the same Regulation   THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,  Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71 under which it is made responsible for dealing with all administrative questions and questions of interpretation arising from Council Regulation (EEC) No 1408/71 and (EEC) No 574/72,  Having regard to Decision No 92 of 22 November 1973, published in the Official Journal of the European Communities No C 99 of 23 August 1974,  Having regard to Article 36 (2) of Council Regulation (EEC) No 1408/71,  Whereas it is necessary to revise the abovementioned Decision No 92 to take account of:    (a) amendments to German legislation, namely the abolition with effect from 1 January 1974, of payments provided under Article 188 (2) and (3) of the German insurance code (Reichsversicherungsordnung, RVO) and the introduction, with effect from the same date, of a new benefit (Haushaltshilfe), which is provided for in the new Article 185 (b) of the German insurance code and under Article 35 of the Law on sickness insurance for farmers (Gesetz über die Krankenversicherung der Landwirte, KVLG);       (b) amendments introduced by the Luxembourg Law on the reform of sickness insurance, in this case the conversion of the cash allowance for nursing mothers (allocation pécuniaire d'allaitement) into a benefit of another nature;       (c) special features of United Kingdom and Irish legislations;         Whereas for the application of Articles 19 (1) and (2), 22, 25 (1), (3) and (4), 26, 28 (1), 28a, 29 and 31 of Regulation (EEC) No 1408/71 there are grounds for giving a precise definition of sickness and maternity insurance benefits in kind in all the Member States;  Acting in accordance with the provisions of Article 80 (3) of Regulation (EEC) No 1408/71;  HAS DECIDED AS FOLLOWS:       1. The sickness and maternity benefits in kind to be considered for the determination of refunds, referred to in Articles 93, 94 and 95 of Regulation (EEC) No 574/72, shall be the benefits considered as benefits in kind under the national legislation administered by the institution which has provided the benefits, in so far as they can be acquired in accordance with the provisions of Articles 19 (1) and (2), 22, 25 (1), (3) and (4), 26, 28 (1), 28a, 29 and 31 of Regulation (EEC) No 1408/71.       2. The benefits provided under German legislation and set out in Article 185 (b) of the German insurance code (Haushaltshilfe) and in Article 35 of the Law on sickness insurance for farmers (Haushaltshilfe) shall be regarded as benefits in kind within the meaning of the aforesaid Articles of Regulation (EEC) No 1408/71 even though they may be provided in cash. These benefits shall he included in the expenditure referred to in (1) above.       3. The refunds provided for in Articles 93, 94 and 95 of Regulation (EEC) No 574/72 shall be determined exclusive of administrative costs, costs of administrative and medical supervision and without taking account of any amounts contributed individually by the persons concerned.       4. For the calculation of the average costs mentioned in Articles 94 and 95 of Regulation (EEC) No 574/72, the additional benefits specified in the statutes or rules of procedure of the institutions shall be included in total annual expenditure on sickness and maternity benefits in kind.        5. Expenditure incurred in respect of the provision of home help and meals on wheels, the supply of milk, maintenance in old people's welfare homes, fluoridation of water supplies, medical research and subsidies to institutions for preventive medicine, granted for a general campaign for health protection not sponsored by social security institutions, shall not be included in total annual expenditure on sickness and maternity benefits in kind.       6. The amounts refunded to other Member States in accordance with the Regulations or bilateral or multilateral agreements shall not be taken into consideration for the calculation of average costs.       7. The calculation of the amounts to be refunded shall as far as possible be based on the official statistics and accounts of the place of stay or residence, and preferably on the published official data. The sources of the statistics used should be indicated.       8. The amount of the advances to be paid under Article 102 (4) of Regulation (EEC) No 574/72 shall be calculated by multiplying the last approved average cost by the last known number of persons concerned, as obtained from the data established by the institutions responsible for the lists.       9. This Decision shall be published in the Official Journal of the European Communities.  It shall replace Decision No 92 of 22 November 1973.  For the purpose of determining amounts to be reimbursed pursuant to Articles 94 and 95 of Regulation (EEC) No 574/72, it shall apply from 1 January 1974.          The Chairman of the Administrative Commission for the Social Security of Migrant Workers  J. DONIS


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31996D0402(02)

Council Decision of 11 March 1996 appointing a full member and an alternate member of the Advisory Committee on Veterinary Training

Official Journal C 099 , 02/04/1996 P. 0004 - 0004

COUNCIL DECISIONof 11  March 1996appointing a full member and an alternate member of the Advisory Committee on Veterinary  Training(96/C  99/03)THE COUNCIL OF THE EUROPEAN UNION, Having regard to Council Decision 78/1028/EEC of 18 December 1978 setting up an Advisory Committee  on Veterinary Training  (1), and in particular Articles 3 and 4 thereof; Whereas, by its Decision of 25 March 1994  (2) the Council appointed Mr Heinrich BOTTERMANN as a  full member and Ms A.  M.  P. NAP as an alternate member for the period ending 24 March 1997; Whereas the German Government nominated Mr Gerhard KOTHMANN to replace Mr Heinrich BOTTERMANN; Whereas the Netherlands Government nominated Mr H.  C.  A. LEENMANS to replace Ms A.  M.  P. NAP, HAS DECIDED AS FOLLOWS: Article 1 Mr Gerhard KOTHMANN is hereby appointed a member of the Advisory  Committee on Veterinary Training to replace Mr Heinrich BOTTERMANN, for the remainder of the  latter's term of office, i.e. until 24 March 1997. Article 2 Mr H.  C.  A. LEENMANS is hereby appointed an alternate member of the Advisory  Committee on Veterinary Training to replace Ms A.  M.  P. NAP, for the remainder of the latter's  term of office, i.e. until 24 March 1997. Done at Brussels, 11 March 1996. For the CouncilThe PresidentG. CARAVALE(1) OJ No L 362, 23. 12. 1978, p.  10.  (2) OJ No C 100, 9. 4. 1994, p. 1.