Avis juridique important

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32004D0577

2004/577/EC: Council Decision of 29 April 2004 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Kazakhstan establishing a double-checking system without quantitative limits in respect of the export of certain steel products from the Republic of Kazakhstan to the European Community

Official Journal L 261 , 06/08/2004 P. 0048 - 0048

 Council Decision  of  29 April 2004  on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Kazakhstan establishing a double-checking system without quantitative limits in respect of the export of certain steel products from the Republic of Kazakhstan to the European Community (2004/577/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part(1), entered into force on  1 July 1999 .

(2) The European Community and the Republic of Kazakhstan agreed to establish a double-checking system in respect of certain steel products for the period from  1 January 2000  to  31 December 2001 . This Agreement in the form of an Exchange of Letters was approved on behalf of the European Community by means of Decision 1999/865/EC(2). Regulation (EC) No 2743/1999(3) established the corresponding implementing legislation for the Community.

(3) The Commission has finalised negotiations for an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Kazakhstan establishing a double-checking system without quantitative limits in respect of the export of certain steel products from the Republic of Kazakhstan to the European Community,

HAS DECIDED AS FOLLOWS:

Article 1

1. The Agreement in the form of an Exchange of Letters between the European Community and the Republic of Kazakhstan establishing a double-checking system without quantitative limits in respect of the export of certain steel products from the Republic of Kazakhstan to the European Community is hereby approved on behalf of the European Community.

2. The text of the Agreement(4) is annexed to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in the form of an Exchange of Letters referred to in Article 1 in order to bind the Community.

Done at Luxembourg,  29 April 2004 .

 For the Council

 The President

M. Mc Dowell

(1) OJ L 196, 28.7.1999, p. 3.

(2) OJ L 342, 31.12.1999, p. 37.

(3) OJ L 342, 31.12.1999, p. 1.

(4) See p. 49 of this Official Journal.


title: 2007/626/EC: Council Decision of 28 September 2007 denouncing, on behalf of the Community, the Agreement between the European Economic Community and the Republic of India on cane sugar

text:
               29.9.2007

               EN

               Official Journal of the European Union

               L 255/37

      COUNCIL DECISION

   of 28 September 2007
   denouncing, on behalf of the Community, the Agreement between the European Economic Community and the Republic of India on cane sugar
   (2007/626/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Under the Agreement between the European Economic Community and the Republic of India on cane sugar (hereinafter referred to as ‘the Agreement’), approved by Council Decision 75/456/EEC (1), the Community undertakes to purchase and import, at guaranteed prices, a specific quantity of cane sugar, raw or white, which originates in India and which India undertakes to deliver to the Community. Article 11 of the Agreement provides that either party may denounce the Agreement after giving to the other party two years' notice in writing to that effect.

               (2)

               With the end of intervention in the reformed common market organisation for sugar, internal sugar prices will no longer be guaranteed by intervention buying. It is consistent to terminate the system of guaranteed prices for sugar imported under the Agreement.

               (3)

               It is therefore necessary to denounce the Agreement in accordance with Article 11 thereof, and to notify India as signatory to the Agreement of such denunciation,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Economic Community and the Republic of India on cane sugar, signed on 18 July 1975, is hereby denounced on behalf of the Community with effect from 1 October 2009.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to notify the Government of India of the denunciation of the said Agreement.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 28 September 2007.

            For the Council

            The President

         M. PINHO

      (1)  OJ L 190, 23.7.1975, p. 35.


title: Council Decision (CFSP) 2015/1763 of 1 October 2015 concerning restrictive measures in view of the situation in Burundi

text:
               2.10.2015

               EN

               Official Journal of the European Union

               L 257/37

         COUNCIL DECISION (CFSP) 2015/1763
   of 1 October 2015
   concerning restrictive measures in view of the situation in Burundi
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 16 March 2015, the European Union reiterated the position it has taken since the beginning of the crisis in Burundi, that only through dialogue leading to consensus, in compliance with the Arusha Agreement for Peace and Reconciliation of 2000 and the Burundian Constitution, could a lasting political solution be found in the interests of security and democracy for all Burundi's people.

               (2)

               On 18 May 2015, the Council condemned the attempted coup in Burundi and also any act of violence or abuse of the constitutional order, whoever the perpetrators may be, and expressed its deep concern at the situation in Burundi. The Council also expressed its determination to take all measures necessary against Burundian parties whose actions perpetuate violence and hamper the search for a political solution.

               (3)

               On 22 June 2015, the Council expressed its deep concern at both the number of victims and the number of cases of serious human rights violations reported since the beginning of the crisis, particularly those abuses attributed to the security forces and to members of the Imbonerakure. The Council also reiterated that it was determined to adopt, if necessary, targeted restrictive measures against those whose actions might have led or might lead to acts of violence and repression and serious human rights violations, and/or might hamper the search for a political solution within the framework proposed by the African Union and the East African Community.

               (4)

               On 23 July 2015, the European Union regretted that the Burundi government had not fully implemented the relevant decisions of the African Union and the East African Community that would have paved the way for credible and inclusive elections.

               (5)

               The Council has remained seriously concerned about the situation in Burundi. In the current circumstances and, in line with the Council Conclusions of June 2015, travel restrictions and an asset freeze should be imposed against persons, entities or bodies undermining democracy or obstructing the search for a political solution in Burundi, including by acts of violence, repression or inciting violence, persons, entities or bodies involved in planning, directing, or committing acts that violate international human rights law or international humanitarian law, as applicable, or that constitute serious human rights abuses, in Burundi, as well as persons, entities or bodies associated with them.

               (6)

               Further action by the Union is needed in order to implement certain measures,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   Member States shall take the measures necessary to prevent the entry into, or transit through, their territories of:

               (a)

               natural persons undermining democracy or obstructing the search for a political solution in Burundi, including by acts of violence, repression or inciting violence;

               (b)

               natural persons involved in planning, directing, or committing acts that violate international human rights law or international humanitarian law, as applicable, or that constitute serious human rights abuses, in Burundi; and

               (c)

               natural persons associated with those referred to in points (a) and (b);

         as listed in the Annex.
   2.   Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.
   3.   Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:

               (a)

               as a host country of an international intergovernmental organisation;

               (b)

               as a host country to an international conference convened by, or under the auspices of, the United Nations;

               (c)

               under a multilateral agreement conferring privileges and immunities; or

               (d)

               pursuant to the 1929 Treaty of Conciliation (Lateran Pact) concluded by the Holy See (Vatican City State) and Italy.

         4.   Paragraph 3 shall be considered as applying also in cases where a Member State is host country of the Organisation for Security and Cooperation in Europe (OSCE).
   5.   The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraph 3 or 4.
   6.   Member States may grant exemptions from the measures imposed under paragraph 1 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings and those promoted or hosted by the European Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes the policy objectives of restrictive measures, including democracy, human rights and the rule of law in Burundi.
   7.   A Member State wishing to grant exemptions referred to in paragraph 6 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more of the Council members raises an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more of the Council members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.
   8.   Where, pursuant to paragraphs 3, 4, 6 or 7 a Member State authorises the entry into, or transit through its territory of persons listed in the Annex, the authorisation shall be strictly limited to the purpose for which it is given and to the persons directly concerned thereby.
   Article 2
   1.   All funds and economic resources belonging to, owned, held or controlled by:

               (a)

               natural or legal persons, entities or bodies undermining democracy or obstructing the search for a political solution in Burundi, including by acts of violence, repression or inciting violence;

               (b)

               natural or legal persons, entities or bodies involved in planning, directing, or committing acts that violate international human rights law or international humanitarian law, as applicable, or that constitute serious human rights abuses, in Burundi; and

               (c)

               natural or legal persons, entities or bodies associated with the persons, entities or bodies referred to in points (a) and (b);

         as listed in the Annex, shall be frozen.
   2.   No funds or economic resources shall be made available directly or indirectly to or for the benefit of the natural or legal persons, entities or bodies listed in the Annex.
   3.   The competent authority of a Member State may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as it deems appropriate, after having determined that the funds or economic resources concerned are:

               (a)

               necessary to satisfy the basic needs of the natural or legal persons, entities or bodies listed in the Annex and dependent family members of such natural persons, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

               (b)

               intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;

               (c)

               intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources; or

               (d)

               necessary for extraordinary expenses, provided that the competent authority has notified the competent authorities of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least two weeks prior to the authorisation.

         The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph.
   4.   By way of derogation from paragraph 1, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources, provided that the following conditions are met:

               (a)

               the funds or economic resources are the subject of an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in paragraph 1 was listed in the Annex, or of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to or after that date;

               (b)

               the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;

               (c)

               the decision is not for the benefit of a natural or legal person, entity or body listed in the Annex; and

               (d)

               recognition of the decision is not contrary to public policy in the Member State concerned.

         The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under this paragraph.
   5.   Paragraph 1 shall not prevent a natural or legal person, an entity or body listed in the Annex from making a payment due under a contract entered into prior to the date on which such natural or legal person, entity or body was listed therein, provided that the Member State concerned has determined that the payment is not, directly or indirectly, received by a natural or legal person, entity or body referred to in paragraph 1.
   6.   Paragraph 2 shall not apply to the addition to frozen accounts of:

               (a)

               interest or other earnings on those accounts;

               (b)

               payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to the measures provided for in paragraphs 1 and 2; or

               (c)

               payments due under judicial, administrative or arbitral decisions rendered in the Union or enforceable in the Member State concerned;

         provided that any such interest, other earnings and payments remain subject to the measures provided for in paragraph 1.
   Article 3
   1.   The Council, acting upon a proposal from a Member State or from the High Representative of the Union for Foreign Affairs and Security Policy, shall establish and amend the list in the Annex.
   2.   The Council shall communicate the decision referred to in paragraph 1, including the grounds for the listing, to the natural or legal person, entity or body concerned, either directly, if the address is known, or through the publication of a notice, providing such person, entity or body with an opportunity to present observations.
   3.   Where observations are submitted, or where substantial new evidence is presented, the Council shall review the decision referred to in paragraph 1 and inform the natural or legal person, entity or body concerned accordingly.
   Article 4
   1.   The Annex shall include the grounds for listing the natural and legal persons, entities and bodies referred to in Article 1(1) and Article 2(1).
   2.   The Annex shall also contain, where available, the information necessary to identify the natural or legal persons, entities or bodies concerned. With regard to natural persons, such information may include names, including aliases, date and place of birth, nationality, passport and identity card numbers, gender, address if known, and function or profession. With regard to legal persons, entities or bodies, such information may include names, place and date of registration, registration number and place of business.
   Article 5
   In order to maximise the impact of the measures set out in this Decision, the Union shall encourage third States to adopt restrictive measures similar to those provided for in this Decision.
   Article 6
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
   This Decision shall apply until 3 October 2016.
   This Decision shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.

      Done at Luxembourg, 1 October 2015.

            For the Council

            The President

         E. SCHNEIDER

      ANNEX

         List of natural and legal persons, entities and bodies referred to in Articles 1 and 2

                  Name

                  Identifying information

                  Grounds for designation

                  1.

                  Godefroid BIZIMANA

                  DOB: 23.4.1968
                  POB: NYAGASEKE, MABAYI, CIBITOKE
                  Burundian nationality. Passport number: DP0001520

                  Deputy Director General of the National Police, responsible for undermining democracy by making operational decisions that have led to a disproportionate use of force and acts of violent repression towards peaceful demonstrations that started on 26 April 2015 following the announcement of the presidential candidacy of President Nkurunziza.

                  2.

                  Gervais NDIRAKOBUCA alias NDAKUGARIKA

                  DOB: 1.8.1970
                  Burundian nationality. Passport number: DP0000761

                  Head of Cabinet of the Presidential Administration (Présidence) responsible for matters relating to the National Police. Responsible for obstructing the search for a political solution in Burundi by issuing instructions that led to disproportionate use of force, acts of violence, acts of repression and violations of international human rights law against protestors demonstrating from 26 April 2015 onwards, following the announcement of the presidential candidacy of President Nkurunziza, including on 26, 27 and 28 April in the Nyakabiga and Musaga districts in Bujumbura.

                  3.

                  Mathias/Joseph NIYONZIMA alias KAZUNGU

                  Registration number (SNR): O/00064
                  Burundian nationality. Passport number: OP0053090

                  Officer of the National Intelligence Service. Responsible for obstructing the search for a political solution in Burundi by inciting violence and acts of repression during the demonstrations that started on 26 April 2015 following the announcement of the presidential candidacy of President Nkurunziza. Responsible for helping train, coordinate and arm the Imbonerakure paramilitary militias, including outside Burundi, who are responsible for acts of violence, repression and serious human rights abuses in Burundi.

                  4.

                  Léonard NGENDAKUMANA

                  DOB: 24.11.1968
                  Burundian nationality. Passport number: DP0000885

                  Former ‘Chargé de Missions de la Présidence’ and former army general. Responsible for obstructing the search for a political solution in Burundi by participating in the attempted coup d'état of 13 May 2015 to overthrow the Burundi Government. Responsible for acts of violence — grenade attacks — committed in Burundi, as well as for incitement to violence. General Léonard Ngendakumana publicly supported violence as a means to achieve political goals.


Avis juridique important

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31987D0370

87/370/EEC: Council Decision of 26 May 1987 concerning the conclusion of the Agreement in the form of an Exchange of Letters amending the Agreement of 14 July 1986 adjusting the Agreement between the European Economic Community and the Kingdom of Norway, concerning mutual trade in cheese

Official Journal L 196 , 17/07/1987 P. 0077

*****COUNCIL  DECISION  of 26 May 1987  concerning the conclusion of the Agreement in the form of an Exchange of Letters amending the Agreement of 14 July 1986 adjusting the Agreement between the European Economic Community and the Kingdom of Norway, concerning mutual trade in cheese  (87/370/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the recommendation of the Commission,  Whereas the Agreement in the form of an Exchange of Letters of 14 July 1986 (1) adjusting the Agreement between the European Economic Community and the Kingdom of Norway concerning mutual trade in cheese consequent upon the accession of Spain and Portugal to the Community, provides for the Community to maintain traditional imports into Spain of cheese from Norway;  Whereas the only types of cheese included were Jarlsberg and Ridder, and a small traditional flow of processed cheese from Norway to Spain was not taken into account;  Whereas the Kingdom of Norway has requested that this omission be corrected by replacing eight tonnes of Jarlsberg and Ridder cheese by the same quantity of processed cheese;  Whereas the Article 113 Committee has issued a favourable opinion;  Whereas the Commission has held consultations on the matter with the Government of Norway that have led to agreement,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an Exchange of Letters amending the Agreement of 14 July 1986 adjusting the Agreement between the European Economic Community and the Kingdom of Norway concerning mutual trade in cheese is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.  Done at Brussels, 26 May 1987.  For the Council  The President  L. TINDEMANS  (1) OJ No L 328, 22. 11. 1986, p. 80.


               15.12.2016

               EN

               Official Journal of the European Union

               C 468/273

         P7_TA(2013)0551
   Non-objection to a delegated act: conditions for making a declaration of performance on construction products available on a website
   European Parliament decision to raise no objections to the Commission delegated regulation of 30 October 2013 on the conditions for making a declaration of performance on construction products available on a website (C(2013)7086 — 2013/2928(DEA))
   (2016/C 468/53)

      The European Parliament,

               —

               having regard to the Commission delegated regulation (C(2013)7086),

               —

               having regard to the Commission’s letter of 14 November 2013 asking Parliament to declare that it will raise no objections to the delegated regulation,

               —

               having regard to Article 290 of the Treaty on the Functioning of the European Union,

               —

               having regard to Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (1) (CPR), and in particular Articles 7(3) and 63(1) thereof,

               —

               having regard to Rule 87a(6) of its Rules of Procedure,

               —

               having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 87a(6) of its Rules of Procedure, which expired on 10 December 2013,

               A.

               whereas it is important to ensure that the delegated regulation on e-supply enters into force as soon as possible, given that the substantial provisions of the basic legislative act, including those on providing declarations of performance, apply from 1 July 2013;

               B.

               whereas the possibility to make these declarations available on the internet would, in accordance with the wish of the legislator, allow the manufacturers of construction products to reduce costs and also increase the flexibility of the construction sector as such;

               C.

               whereas the delegated regulation should have been prepared by the Commission in advance, in order to avoid the unfortunate delay in permitting a derogation from the obligation for manufacturers to provide paper or electronic copies of a declaration of performance for each product which is made available on the market;

               D.

               whereas it is of utmost importance that both Parliament and the Council can exercise their rights as co-legislators as defined in the Treaties, including the decision as to which elements are to be delegated to the Commission in future basic legislative acts, and that Parliament is able to take part in consultations — alongside Member States’ experts and other stakeholders — prior to the adoption of a delegated act and in a transparent manner;

               1.

               Declares that it has no objections to the delegated regulation;

               2.

               Instructs its President to forward this decision to the Council and the Commission.

      (1)  OJ L 88, 4.4.2011, p. 5.


title: Council Decision of 2 October 1974 on the conclusion of the Agreement between the European Economic Community and the Arab Republic of Egypt on the supply of flour of common wheat as food aid

text:
No L 328 / 36                    Official Journal of the European Communities                           7 . 12 . 74
                                                        II
                                    (Acts whose publication is not obligatory)
                                               COUNCIL
                                             COUNCIL DECISION
                                               of 2 October 1974
              on the conclusion of the Agreement between the European Economic Community and
                 the Arab Republic of Egypt on the supply of flour of common wheat as food aid
                                                  (74/592/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                   HAS DECIDED AS FOLLOWS :
                                                                                Article 1
Having regard to the Treaty establishing the
European Economic Community, and in particular
Articles 113 , 114 and 228 thereof;                        The Agreement between the European Economic
                                                            Community and the Arab Republic of Egypt on the
                                                            supply of flour of common wheat as food aid, the
Having regard to the recommendation from the                text of which is annexed to this Decision, is hereby
Commission ;                                                concluded on behalf of the Community.
Whereas the European Economic Community has
concluded the 1971 Food Aid Convention ;                                           Article 2
                                                            The President of the Council is hereby authorized to
Whereas by its letter of 10 August 1973, the Arab           designate the persons empowered to sign the
Republic of Egypt has requested food aid ;                  Agreement and to confer on them the necessary
                                                           powers to bind the Community.
Whereas in view of the cereal supply situation in
                                                            Done at Luxembourg, 2 October 1974.
Egypt, that country should be accorded, by way of
gift, 20 000 metric tons of common wheat in the                                       For the Council
form of 13 245 metric tons of flour of common
                                                                                The President
wheat under the Community food- aid programme
for 1973 /74,                                                                           Ch. BONNET


title: Decision (EU) 2015/1686 of the European Parliament of 29 April 2015 on the closure of the accounts of Eurojust for the financial year 2013

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/340

      DECISION (EU) 2015/1686 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on the closure of the accounts of Eurojust for the financial year 2013
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of Eurojust for the financial year 2013,

                  —

                  having regard to the Court of Auditors' report on the annual accounts of Eurojust for the financial year 2013, together with Eurojust's replies (1),

                  —

                  having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2013, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to the Council's recommendation of 17 February 2015 on discharge to be given to Eurojust in respect of the implementation of the budget for the financial year 2013 (05304/2015 — C8-0054/2015),

                  —

                  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 (3),

                  —

                  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 (4), 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 (5), 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 (6),

                  —

                  having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (7), and in particular Article 108 thereof,

                  —

                  having regard to Rule 94 of and Annex V 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 (A8-0091/2015),

         1.

            Notes that the final annual accounts of Eurojust are as annexed to the Court of Auditors' report;

         2.

            Approves the closure of the accounts of Eurojust for the financial year 2013;

         3.

            Instructs its President to forward this decision to the Administrative Director of Eurojust, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

               The President

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ C 442, 10.12.2014, p. 282.

         (2)  See footnote 1.

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

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

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

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

         (7)  OJ L 328, 7.12.2013, p. 42.


Avis juridique important

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31964D0300

64/300/EEC: Council Decision of 8 May 1964 on cooperation between the Central Banks of the Member States of the European Economic Community

Official Journal 077 , 21/05/1964 P. 1206 - 1207 Finnish special edition: Chapter 10 Volume 1 P. 0003  Danish special edition: Series I Chapter 1963-1964 P. 0133  Swedish special edition: Chapter 10 Volume 1 P. 0003  English special edition: Series I Chapter 1963-1964 P. 0141  Greek special edition: Chapter 10 Volume 1 P. 0032  Spanish special edition: Chapter 10 Volume 1 P. 0031  Portuguese special edition Chapter 10 Volume 1 P. 0031

COUNCIL DECISION of 8 May 1964 on co-operation between the Central Banks of the Member States of the European Economic Community (64/300/EEC)  THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 105 (1) and the first indent of Article 145 thereof;  Having regard to the Recommendation of the Commission of 19 June 1963;  Having regard to the Opinion of the European Parliament 1;  Having regard to the Opinion of the Economic and Social Committee 2;  Whereas the progressive realisation of economic union must involve the implementation of economic and monetary policies that help to ensure stable exchange parities between the currencies of the Member States;  Whereas a closer co-ordination of the monetary policies of the Member States could be promoted by arranging for consultations between the Central Banks of the Member States which should take place, so far as possible, before any decisions are taken by the Central Banks;  HAS DECIDED AS FOLLOWS:    Article 1 For the purpose of promoting co-operation between the Central Banks of the Member States, a Committee of the Governers of the Central Banks of the Member States of the European Economic Community (hereinafter called the "Committee") is hereby set up.   Article 2 The Committee shall be composed of the Governors of the Central Banks of the Member States. If they are unable to attend, they may be represented by another member of the directing body of their institution.  The Commission shall, as a general rule, be invited to send one of its members as a representative to the meetings of the Committee.  The Committee may, furthermore, if it considers it necessary, invite qualified persons to attend and m particular the Chairman of the Monetary Committee or, if he is unable to attend, one of the two Vice-Chairmen of that Committee.   Article 3 The tasks of the Committee shall be:    - to hold consultations concerning the general principles and the broad lines of policy of the Central Banks, in particular as regards credit and the money and foreign exchange markets;       - to exchange information at regular intervals about the most important measures that fall within the competence of the Central Banks, and to examine those measures. This examination shall take place before the measures concerned are adopted where circumstances, and in particular the time limit for their adoption, allow.          1 OJ No 24, 8.1.1964, p. 409/64.  2 OJ No 38, 5.3.1964, p. 652/64.  In carrying out its task, the Committee shall keep under review the trend of the monetary situation both inside and outside the Community.   Article 4 The Committee shall meet at regular intervals and whenever circumstances so require. The Commission may, if it considers the situation necessitates such a step, request an emergency meeting of the Committee.   Article 5 The Committee shall adopt its own rules of procedure and provide its own secretarial services.     Done at Brussels, 8 May 1964.  For the Council  The President  H. FAYAT


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31995D0092

95/92/EC: Commission Decision of 20 March 1995 terminating the anti-dumping proceeding in respect of imports of colour television receivers originating in Turkey

Official Journal L 073 , 01/04/1995 P. 0084 - 0085

COMMISSION  DECISION of 20 March 1995 terminating the anti-dumping proceeding in respect of imports of colour  television receivers originating in Turkey (95/92/EC)THE COMMISSION OF THE  EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped  or subsidized imports from countries not members of the European Economic Community  (1), as last  amended by Regulation (EC) No 522/94  (2), and in particular Article 9 thereof, After consultation within the Advisory Committee, Whereas: A.  PROCEDURE (1)  In November 1992, the Commission announced by a notice published in the  Official Journal of the European Communities (3) the initiation of an anti-dumping proceeding  concerning imports into the Community of colour television receivers (hereinafter referred to as  CTVs) exported from or originating in Malaysia, the People's Republic of China, the Republic of  Korea, Singapore, Thailand and Turkey and commenced an investigation. The proceeding was initiated as a result of a complaint lodged by the Society for Coherent  Anti-dumping Norms (SCAN), on behalf of producers whose collective output of CTVs was alleged to  represent a major proportion of the Community production of these televisions. The complaint contained evidence of dumping of this product originating in or exported from the  countries indicated above, and of material injury resulting therefrom which was considered  sufficient to justify the opening of a proceeding in respect of those countries. (2)  The Commission officially notified the producers, exporters and importers known to be  concerned, the representatives of the exporting countries, and the complainant, and gave the  parties concerned the opportunity to make their views known in writing and to request a hearing. (3)  The investigation of dumping covered the period from 1 July 1991 to 30 June 1992. (4)  Several parties including the Turkish authorities made their views known in writing and those  so requesting were granted a hearing. (5)  The Commission sought and verified all information it deemed necessary for the preliminary  determination of dumping and injury. B.  PROVISIONAL DETERMINATION IN RESPECT OF TURKEY (6)  By Regulation (EC) No 2376/94  (1) the  Commission imposed a provisional anti-dumping duty on imports into the Community of CTVs  originating in all the above countries with the exception of Turkey. At that stage it was  provisionally included that there were insufficient elements to impose provisional measures against  Turkey. The reasons for this conclusion were set out in recitals 31, 93, 98, 99 and 139 of the  abovementioned Regulation. C.  SUBSEQUENT PROCEDURE (7)  No new evidence nor arguments have been brought forward which would  warrant a change in the Commission's position since the imposition of provisional measures. D.  TERMINATION OF THE PROCEEDING IN RESPECT OF TURKEY (8)  Accordingly, the Commission considers  that termination of the proceeding in respect of imports of CTVs originating in Turkey is  warranted. (9)  The complainants and other interested parties concerned were informed of the Commission's  intention to terminate the proceeding with regard to imports of CTVs originating in Turkey, and did  not dispute this course of action. (10)  No objections were raised in the Advisory Committee to the termination of the proceeding in  respect of imports of CTVs originating in Turkey, HAS DECIDED AS FOLLOWS: Sole Article The anti-dumping proceeding in respect of imports of colour  television receivers originating in Turkey falling within CN codes ex  8528  10  52, 8528  10  54,  8528  10  56, 8528  10  58, ex  8528  10  62, 8528  10  66, 8528  10  72 and 8528  10  76 is hereby  terminated. Done at Brussels, 20 March 1995. For the Commission Leon BRITTAN Vice-President


title: 2004/822/CFSP: Political and Security Committee Decision BiH/5/2004 of 3 November 2004 amending Decision BiH/1/2004 on the acceptance of third States’ contributions to the European Union military operation in Bosnia and Herzegovina and Decision BiH/3/2004 on the setting-up of the Committee of Contributors for the European Union military operation in Bosnia and Herzegovina

text:
               2.12.2004

               EN

               Official Journal of the European Union

               L 357/39

      POLITICAL AND SECURITY COMMITTEE DECISION BiH/5/2004
   of 3 November 2004
   amending Decision BiH/1/2004 on the acceptance of third States’ contributions to the European Union military operation in Bosnia and Herzegovina and Decision BiH/3/2004 on the setting-up of the Committee of Contributors for the European Union military operation in Bosnia and Herzegovina
   (2004/822/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to Political and Security Committee Decision BiH/1/2004 of 21 September 2004 on the acceptance of third States’ contributions to the European Union military operation in Bosnia and Herzegovina (1) and Political and Security Committee Decision BiH/3/2004 of 29 September 2004 on the setting-up of the Committee of Contributors for the European Union military operation in Bosnia and Herzegovina (2),
   Whereas:

               (1)

               Following the recommendation of the EU Operation Commander on Albania’s contribution, the EUMC agreed to recommend the Political and Security Committee to accept Albania's contribution.

               (2)

               In conformity with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications. Therefore, Denmark does not participate in the financing of the operation.

               (3)

               The Copenhagen European Council adopted on 12 and 13 December 2002 a Declaration stating that the ‘Berlin plus’ arrangements and the implementation thereof will apply only to those EU Member States which are also either NATO members or parties to the ‘Partnership for Peace’, and which have consequently concluded bilateral security agreements with NATO,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Annex to Political and Security Committee Decision BiH/1/2004 of 21 September 2004 shall be replaced by the following:

         ‘ANNEX
         LIST OF THIRD STATES REFERRED TO IN ARTICLE 1

                     —

                     Albania

                     —

                     Argentina

                     —

                     Bulgaria

                     —

                     Canada

                     —

                     Chile

                     —

                     Morocco

                     —

                     New Zealand

                     —

                     Norway

                     —

                     Romania

                     —

                     Switzerland

                     —

                     Turkey’.

   Article 2
   The Annex to Political and Security Committee Decision BiH/3/2004 of 29 September 2004 shall be replaced by the following:

         ‘ANNEX
         LIST OF THIRD STATES REFERRED TO IN ARTICLE 3(1)

                     —

                     Albania

                     —

                     Argentina

                     —

                     Bulgaria

                     —

                     Canada

                     —

                     Chile

                     —

                     Morocco

                     —

                     New Zealand

                     —

                     Norway

                     —

                     Romania

                     —

                     Switzerland

                     —

                     Turkey’.

   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 3 November 2004.

            For the Political and Security Committee

            The Chairperson

         A. HAMER

      (1)  OJ L 324, 27.10.2004, p. 20.

      (2)  OJ L 325, 28.10.2004, p. 64.


title: Decision (EU) 2015/1614 of the European Parliament of 29 April 2015 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2013, Section I — European Parliament

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/1

      DECISION (EU) 2015/1614 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on discharge in respect of the implementation of the general budget of the European Union for the financial year 2013, Section I — European Parliament
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the general budget of the European Union for the financial year 2013 (1),

                  —

                  having regard to the consolidated annual accounts of the European Union for the financial year 2013 (COM(2014)510 — C8-0147/2014) (2),

                  —

                  having regard to the report on budgetary and financial management for the financial year 2013, Section I — European Parliament (3),

                  —

                  having regard to the Internal Auditor's annual report for the financial year 2013,

                  —

                  having regard to the Court of Auditors' annual report on the implementation of the budget for the financial year 2013, together with the institutions' replies (4),

                  —

                  having regard to the statement of assurance (5) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2013, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Article 314(10) and Article 318 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 (6),

                  —

                  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 (7), and in particular Articles 164, 165 and 166 thereof,

                  —

                  having regard to the Bureau decision of 27 April 2005 on the Internal Rules on the implementation of the European Parliament's budget (8), and in particular Article 13 thereof,

                  —

                  having regard to its resolution of 16 February 2012 on the guidelines for the 2013 budget procedure — Sections I, II, IV, V, VI, VII, VIII, IX, and X (9),

                  —

                  having regard to its resolution of 29 March 2012 on Parliament's estimates of revenue and expenditure for the financial year 2013 (10),

                  —

                  having regard to Rule 94 and Rule 98(3) of and Annex V to its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control (A8-0082/2015),

                  A.

                  whereas the President adopted Parliament's accounts for the financial year 2013 on 25 June 2014;

                  B.

                  whereas the Secretary-General, as principal authorising officer by delegation, certified, on 6 November 2014, his reasonable assurance that the resources assigned for the Parliament's budget have been used for their intended purpose and in accordance with the principles of sound financial management;

                  C.

                  whereas the audit of the Court of Auditors stated that, as regards administrative expenditure in 2013, all the institutions satisfactorily operated the supervisory and control systems required by Regulation (EU, Euratom) No 966/2012;

                  D.

                  whereas Article 166(1) of Regulation (EU, Euratom) No 966/2012 requires each Union institution to take all appropriate steps to act on the observations accompanying the Parliament's discharge decision;

         1.

            Grants its President discharge in respect of the implementation of the budget of the European Parliament for the financial year 2013;

         2.

            Sets out its observations in the resolution below;

         3.

            Instructs its President to forward this decision and the resolution forming an integral part of it to the Council, the Commission, the Court of Justice of the European Union, the Court of Auditors, the European Ombudsman and the European Data Protection Supervisor, 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 L 66, 8.3.2013.

         (2)  OJ C 403, 13.11.2014, p. 1.

         (3)  OJ C 201, 30.6.2014, p. 1.

         (4)  OJ C 398, 12.11.2014, p. 1.

         (5)  OJ C 403, 13.11.2014, p. 128.

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

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

         (8)  PE 349.540/Bur/ann/fin.

         (9)  OJ C 249 E, 30.8.2013, p. 18.

         (10)  OJ C 257 E, 6.9.2013, p. 104.


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32000D1012(01)

Council Decision of 26 September 2000 appointing a member of the Advisory Committee of the Euratom Supply Agency

Official Journal C 289 , 12/10/2000 P. 0001 - 0001

Council Decisionof 26 September 2000appointing a member of the Advisory Committee of the Euratom Supply Agency(2000/C 289/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second and third paragraphs of Article 54 thereof,Having regard to Article X of the Statutes of the Euratom Supply Agency(1), as last amended by Decision 95/1/EC, Euratom, ECSC of 1 January 1995(2),Having regard to the Council Decision of 14 June 1999 appointing the members of the Advisory Committee of the Euratom Supply Agency(3),Having regard to the opinion of the Commission,Whereas:(1) A member's seat on the aforementioned Committee has become vacant following the resignation of Mr Gary STOKER, which was brought to the Council's attention on 9 March 2000.(2) That vacancy should be filled.(3) Having regard to the nomination submitted by the United Kingdom Government on 9 March 2000,HAS DECIDED AS FOLLOWS:Sole ArticleMr Malcolm CRITCHLEY is hereby appointed a member of the Advisory Committee of the Euratom Supply Agency for the remainder of the Committee's term of office, i.e. until 28 March 2001.Done at Brussels, 26 September 2000.For the CouncilThe PresidentC. Tasca(1) OJ 27, 6.12.1958, p. 534.(2) OJ L 1, 1.1.1995, p. 1.(3) OJ C 186, 2.7.1999, p. 1.


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31987D0505

87/505/EEC: Council Decision of 13 July 1987 concerning the conclusion of an Agreement in the form of an Exchange of Letters amending the Agreement between the European Economic Community and the Swiss Confederation concerning certain cheeses

Official Journal L 289 , 13/10/1987 P. 0032 - 0032 Finnish special edition: Chapter 11 Volume 13 P. 0034  Swedish special edition: Chapter 11 Volume 13 P. 0034

*****COUNCIL  DECISION  of 13 July 1987  concerning the conclusion of an Agreement in the form of an Exchange of Letters amending the Agreement between the European Economic Community and the Swiss Confederation concerning certain cheeses  (87/505/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the recommendation from the Commission,  Whereas the Agreement between the European Economic Community and the Swiss Confederation concerning certain cheeses, negotiated under Article XXVIII of the General Agreement on Tariffs and Trade (GATT) and approved by the Council by Decision 69/352/EEC (1), establishes, amongst other things, weight limits for the whole cheeses concerned; whereas, during bilateral consultations, it was decided that it would be advisable, in the light of experience, to amend the weight limits for Sbrinz cheese, as they have proved too restrictive;  Whereas the Agreement in the form of an Exchange of Letters amending the aforesaid Agreement should be approved,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an Exchange of Letters amending the Agreement between the European Economic Community and the Swiss Confederation for certain cheeses is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.  Done at Brussels, 13 July 1987.  For the Council  The President  P. SIMONSEN  (1) OJ No L 257, 13. 10. 1969, p. 3.


title: 2008/879/EC: Decision of the European Parliament and of the Council of 22 October 2008 on the mobilisation of the EU Solidarity Fund in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

text:
               25.11.2008

               EN

               Official Journal of the European Union

               L 314/13

      DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 22 October 2008
   on the mobilisation of the EU Solidarity Fund in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
   (2008/879/EC)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof,
   Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2),
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               France has submitted an application to mobilise the Fund, concerning a disaster caused by hurricane ‘Dean’ in August 2007,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   For the general budget of the European Union for the financial year 2008, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 12 780 000 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 22 October 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J.-P. JOUYET

      (1)  OJ C 139, 14.6.2006, p. 1.

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


title: 2014/595/EU: Decision of the European Parliament of 3 April 2014 on discharge in respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/247

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on discharge in respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2012
   (2014/595/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Maritime Safety Agency for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Maritime Safety Agency for the financial year 2012, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 18 February 2014 (05849/2014 – C7-0054/2014),

               —

               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 Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (4), and in particular Article 19 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),

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6), and in particular Article 108 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 Transport and Tourism (A7-0196/2014),

               1.

               Grants the Executive Director of the European Maritime Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2012;

               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 Executive Director of the European Maritime Safety Agency, 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 365, 13.12.2013, p. 165.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 208, 5.8.2002, p. 1.

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

      (6)  OJ L 328, 7.12.2013, p. 42.


title: Decision (EU) 2015/1662 of the European Parliament of 29 April 2015 on the closure of the accounts of the European Insurance and Occupational Pensions Authority for the financial year 2013

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/261

      DECISION (EU) 2015/1662 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on the closure of the accounts of the European Insurance and Occupational Pensions Authority for the financial year 2013
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Insurance and Occupational Pensions Authority for the financial year 2013,

                  —

                  having regard to the Court of Auditors' report on the annual accounts of the European Insurance and Occupational Pensions Authority for the financial year 2013, together with the Authority's replies (1),

                  —

                  having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2013, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to the Council's recommendation of 17 February 2015 on discharge to be given to the Authority in respect of the implementation of the budget for the financial year 2013 (05304/2015 — C8-0054/2015),

                  —

                  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 (3),

                  —

                  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 (4), and in particular Article 208 thereof,

                  —

                  having regard to Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (5), and in particular Article 64 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 (6),

                  —

                  having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (7), and in particular Article 108 thereof,

                  —

                  having regard to Rule 94 of and Annex V to its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Economic and Monetary Affairs (A8-0096/2015),

         1.

            Notes that the final annual accounts of the European Insurance and Occupational Pensions Authority are as annexed to the Court of Auditors' report;

         2.

            Approves the closure of the accounts of the European Insurance and Occupational Pensions Authority for the financial year 2013;

         3.

            Instructs its President to forward this decision to the Executive Director of the European Insurance and Occupational Pensions Authority, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

               The President

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ C 442, 10.12.2014, p. 174.

         (2)  See footnote 1.

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

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

         (5)  OJ L 331, 15.12.2010, p. 48.

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

         (7)  OJ L 328, 7.12.2013, p. 42.


title: 2009/213/EC: Decision of the European Parliament of 22 April 2008 on discharge in respect of the implementation of the budget of the European Environment Agency for the financial year 2006

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 88/159

         DECISION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   on discharge in respect of the implementation of the budget of the European Environment Agency for the financial year 2006
   (2009/213/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Environment Agency for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Environment Agency for the financial year 2006, together with the Agency's replies (2),
   having regard to the Council's recommendation of 12 February 2008 (5843/2008 — C6-0084/2008),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   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 (3), and in particular Article 185 thereof,
   having regard to Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Environment Information and Observation Network (4), and in particular Article 13 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 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0122/2008),

               1.

               Grants the Executive Director of the European Environment Agency discharge in respect of the implementation of the Agency's budget for the financial year 2006;

               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 Executive Director of the European Environment Agency, 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

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 261, 31.10.2007, p. 4.

      (2)  OJ C 309, 19.12.2007, p. 24.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 120, 11.5.1990, p. 1.

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

               31.3.2009

               EN

               Official Journal of the European Union

               L 88/160

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   with observations forming an integral part of the decision on discharge in respect of the implementation of the budget of the European Environment Agency for the financial year 2006
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Environment Agency for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Environment Agency for the financial year 2006, together with the Agency's replies (2),
   having regard to the Council's recommendation of 12 February 2008 (5843/2008 — C6-0084/2008),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   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 (3), and in particular Article 185 thereof,
   having regard to Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Environment Information and Observation Network (4), and in particular Article 13 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 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0122/2008),

               A.

               whereas the Court of Auditors stated that it has obtained reasonable assurance that the annual accounts for the financial year 2006 are reliable, and the underlying transactions are legal and regular,

               B.

               whereas on 24 April 2007 Parliament granted the Executive Director of the European Environment Agency discharge in respect of the implementation of the Agency's budget for the financial year 2005 (6), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           noted that the carry-over rate (over 30 %) for commitments for operating activities (Title III) was high; invited the Agency to reduce carry-overs,

                           —

                           invited the Agency to remedy the absence of description of internal control systems,

                           —

                           asked the Agency to respond to the Court's remarks that there are still shortcomings in the authorising officer's annual activity report, which did not supply adequate information on the results of the year's activities in relation to the objectives established, the associated risks, the use of resources and the functioning of internal control systems,

                           —

                           requested that, before 1 January 2010 and every five years thereafter, the Agency commission an independent external evaluation of its achievements on the basis of its founding Regulation and the work programme decided on by the Management Board;

   General points which relate to horizontal issues affecting the EU agencies and which therefore also have a bearing on the discharge procedure for each individual agency

               1.

               Notes that the budgets of the 24 agencies and other satellite bodies audited by the Court of Auditors totalled EUR 1 080,5 million in 2006 (the biggest being that of the European Agency for Reconstruction at EUR 271 million and the smallest being that of the European Police College (CEPOL) at EUR 5 million);

               2.

               Points out that the range of external EU bodies subject to audit and discharge now includes not only traditional regulatory agencies but also executive agencies set up to implement specific programmes, and will in the near future also extend to joint undertakings set up as public-private partnerships (joint technology initiatives);

               3.

               Observes as regards the Parliament that the number of agencies subject to the discharge procedure has evolved as follows: financial year 2000: 8; 2001: 10; 2002: 11; 2003: 14; 2004: 14; 2005: 16; 2006: 20 regulatory agencies and two executive agencies (not including two agencies which are audited by the Court of Auditors but subject to an internal discharge process);

               4.

               Concludes therefore that the auditing/discharge process has become cumbersome and disproportionate compared to the relative size of the agencies'/satellite bodies' budgets; instructs its competent committee to undertake a wide-ranging review of the discharge process as regards agencies and satellite bodies with a view to devising a simpler and more rational approach, bearing in mind the ever-growing number of bodies each requiring a separate discharge report in future years;

         Fundamental considerations

               5.

               Requests that the Commission provide clear explanations regarding the following elements before the creation of a new agency or reform of an existing agency: agency type, objectives of the agency, internal governance structure, products, services, key procedures, target group, clients and stakeholders of the agency, formal relationship with external actors, budget responsibility, financial planning, and personnel and staffing policy;

               6.

               Requests that each agency be governed by a yearly performance agreement which is formulated by the agency and the responsible DG and which should contain the main objectives for the coming year, a financial framework and clear indicators to measure performance;

               7.

               Requests that the performance of the agencies be regularly (and on an ad-hoc basis) audited by the Court of Auditors or another independent auditor; considers that this should not be limited to traditional elements of financial management and the proper use of public money, but should also cover administrative efficiency and effectiveness and should include a rating of the financial management of each agency;

               8.

               Takes the view that in the case of agencies which are continually overestimating their respective budget needs, technical abatement should be made on the basis of vacant posts; is of the opinion that this will lead in the long run to less assigned revenue for the agencies and therefore also to lower administrative costs;

               9.

               Notes that it is a serious problem that a number of agencies is criticised for not following rules on public procurement, the Financial Regulation, the Staff Regulations, etc.; considers that the principal reason for this is that most regulations and the Financial Regulation are designed for bigger institutions and that most of the small agencies do not have the critical mass to be able to cope with these regulatory requirements; therefore asks the Commission to look for a rapid solution in order to enhance the effectiveness by grouping the administrative functions of various agencies together, in order to achieve this critical mass (taking into consideration the necessary changes in the basic regulations governing the agencies and their budgetary independence), or urgently to draft specific rules for the agencies (in particular implementing rules for the agencies) which allow them to be in full compliance;

               10.

               Insists that the Commission, when drafting the Preliminary Draft Budget, take into consideration the results of budget implementation by the individual agencies in former years, in particular in year n-1, and revise the budget requested by the particular agency accordingly; invites its competent committee to respect this revision and, if not undertaken by the Commission, to revise itself the budget in question to a realistic level matching the absorption and implementation capacity of the agency in question;

               11.

               Recalls its decision on discharge in respect of the financial year 2005, in which it invited the Commission to present every five years a study on the added value of every existing agency; invites all relevant institutions in the case of a negative evaluation of the added value of an agency to take the necessary steps by reformulating the mandate of that agency or by closing it; notes that there has not been one single evaluation undertaken by the Commission in 2007; insists that the Commission should present at least five such evaluations before the decision on discharge in respect of the financial year 2007, starting with the oldest agencies;

               12.

               Is of the opinion that recommendations of the Court of Auditors should be promptly implemented and the level of subsidies paid to the agencies should be aligned with their real cash requirements; considers further that the amendments to the general Financial Regulation should be incorporated into the agencies' framework financial regulation and into their various specific financial regulations;

         Presentation of reporting data

               13.

               Notes that there is no standard approach among the agencies with regard to the presentation of their activities during the financial year in question and of their accounts and reports on budgetary and financial management, nor to the question as to whether a declaration of assurance should be drawn up by the agency's director; observes that not all agencies clearly distinguish between (a) presenting the agency's work to the public; and (b) technical reporting on budgetary and financial management;

               14.

               Notes that while the Commission's standing instructions for the preparation of activity reports do not expressly require the agency to draw up a declaration of assurance, many directors have none the less done so for 2006, in one case including an important reservation;

               15.

               Recalls paragraph 26 of its resolution of 12 April 2005 (7), inviting the directors of the agencies from now on to accompany their annual activity report, which is presented together with financial and management information, with a declaration of assurance concerning the legality and regularity of operations, similar to the declarations signed by the Directors-General of the Commission;

               16.

               Asks the Commission to amend its standing instructions to the agencies accordingly;

               17.

               Suggests in addition that the Commission should work with the agencies towards producing a harmonised model applicable to all agencies and satellite bodies clearly distinguishing between:

                           —

                           an annual report intended for a general readership on the body's operations, work and achievements,

                           —

                           financial statements and a report on implementation of the budget,

                           —

                           an activity report along the lines of the activity reports of the Directors-General of the Commission,

                           —

                           a declaration of assurance signed by the body's director, together with any reservations or observations which he considers it appropriate to draw to the attention of the discharge authority;

         General findings by the Court of Auditors

               18.

               Notes the Court's finding (Annual Report, paragraph 10.29 (8)) that the disbursement of subsidies paid by the Commission from the Community budget is not based on sufficiently justified estimates of the agencies' cash requirements and that this, combined with the size of carry-overs, leads them to hold sizeable cash balances; notes further the Court's recommendation that the level of subsidies paid to the agencies should be in line with their real cash requirements;

               19.

               Notes that at the end of 2006 14 agencies had still to implement the ABAC accounting system (Annual Report, footnote to paragraph 10.31);

               20.

               Notes the Court's remark (Annual Report, paragraph 1.25) concerning accrued charges for untaken leave which are accounted for by some agencies; points out that the Court of Auditors has qualified its statement of assurance in the case of three agencies (European Centre for the Development of Vocational Training (Cedefop), CEPOL and the European Railway Agency) for the financial year 2006 (2005: Cedefop, European Food Safety Authority, European Agency for Reconstruction);

         Internal audit

               21.

               Recalls that in accordance with Article 185(3) of the Financial Regulation the Internal Auditor of the Commission is also the internal auditor of the regulatory agencies receiving grants charged to the EU budget; points out that the Internal Auditor reports to each agency's management board and director;

               22.

               Draws attention to the reservation entered in the Internal Auditor's Annual Activity Report for 2006 as follows:
               ‘The Internal Auditor of the Commission is not in a position to properly fulfil his obligation assigned by Article 185 of the Financial Regulation as internal auditor of the Community bodies due to a lack of staff resources.’;

               23.

               Notes, however, the Internal Auditor's remark in his activity report for 2006 that as from 2007, with the additional staff resources granted by the Commission to the Internal Audit Service (IAS), all regulatory agencies in operation will be subject to internal audit work on an annual basis;

               24.

               Notes the ever-growing number of regulatory and executive agencies and joint undertakings required to be audited by the IAS under Article 185 Financial Regulation; asks the Commission to inform its competent committee as to whether the staff resources at the IAS's disposal will be sufficient to conduct an annual audit of all such bodies in the coming years;

               25.

               Observes that Article 72(5) of Regulation (EC, Euratom) No 2343/2002 requires each agency to send each year to the discharge authority and the Commission a report drawn up by its director summarising the number and type of internal audits conducted by the internal auditor, the recommendations made and the action taken on these recommendations; asks the agencies to indicate whether this is done and, if so, how;

               26.

               Takes note, as regards internal audit capability, especially in relation to the smaller agencies, of a proposal made by the Internal Auditor before Parliament's competent committee on 14 September 2006 that smaller agencies should be authorised to buy in internal audit services from the private sector;

         Evaluation of agencies

               27.

               Recalls the joint statement by the Parliament, the Council and the Commission (9) negotiated at the conciliation before the Ecofin budget Council of 13 July 2007 calling for (i) a list of agencies which the Commission intends to assess; and (ii) a list of the agencies already assessed, together with a summary of the major findings;

         Disciplinary procedures

               28.

               Notes that, because of their size, individual agencies have difficulty in setting up ad-hoc disciplinary boards composed of staff at the appropriate career grade and that the Commission's IDOC (Investigation and Disciplinary Office) is not competent for agencies; calls on the agencies to consider an inter-agency disciplinary board;

         Draft Interinstitutional Agreement

               29.

               Recalls the draft Interinstitutional Agreement on the operating framework for the European regulatory agencies presented by the Commission (COM(2005) 59), which was intended to create a horizontal framework for the creation, structure, operation, evaluation and control of the European regulatory agencies; notes that the draft represents a useful initiative in the effort to rationalise the creation and running of agencies; notes the statement in the Commission's 2006 synthesis report (paragraph 3.1, COM(2007) 274) that although progress in negotiations stalled after publication of the draft, discussions on substance were relaunched in the Council at the end of 2006; regrets that it has not been possible to make further progress towards adoption;

               30.

               Welcomes therefore the Commission's commitment to bring forward a communication on the future of the regulatory agencies during the course of 2008;

         Self-financed agencies

               31.

               Recalls that for the two self-financing agencies, discharge is given to the director by the administrative board; notes that both have significant accumulated surpluses from fee income carried over from previous years figures, as follows:

                           —

                           Office for Harmonization of the Internal Market cash and cash equivalents: EUR 281 million (10),

                           —

                           Community Plant Variety Office cash and cash equivalents: EUR 18 million (11);

         Specific points

               32.

               Considers that the implementation rates of both the operational and administrative budget lines of the Agency are satisfactory;

               33.

               Considers the Agency to be a source of important environmental information for all EU institutions and policymaking; notes with satisfaction that the Agency has been able to transform some complicated data into clear conclusions and to communicate them to the public, such as the Agency's environmental statement 2006 and specific reports on bio energy and greenhouse gas emission trends and projections in Europe;

               34.

               Notes, however, that a considerable amount of budget appropriations for operating activities was carried over to the financial year 2007, due in part to the late receipt by the Agency of funding for the Corine Land Cover update, which will contribute to the implementation of the Global Monitoring for the Environment and Security (GMES);

               35.

               Recalls the Court of Auditors' report on the annual accounts of the Agency for the financial year 2006 together with the Agency's replies, and calls on the Agency to foster the budgetary principle of annuality;

               36.

               Notes further the Court's finding that, in breach of the principle of the segregation of duties, the same authorising officer by sub-delegation not only performed ex-ante checks but also managed access rights to the IT system for budgetary accounting;

               37.

               Points out that as at 31 December 2006 the Agency held cash and cash equivalents of EUR 6 097 252,79, with an accumulated surplus of EUR 4 241 797,28;

               38.

               Notes the statement in the Agency's report on budgetary and financial management that it is entitled to receive EUR 3,3 million from the Commission corresponding to an underpayment of subsidy for the years 1994 to 2005;

               39.

               Notes from the annual report that one-third of staff are of a single nationality, and the Agency's goal (stated in its annual report) of improving the balance in and diversity of staffing;

               40.

               Believes that in the interests of transparency and better reporting, other agencies should emulate the ‘balanced scorecard’ annexed to the Agency's annual report containing performance indicators relating to the agency's resources, payment periods, client perspective and staff attitudes and whose purpose is to provide a comprehensive overview of progress towards the strategic goals of the Agency;

               41.

               Notes the Agency's complex structure involving members of the management board, scientific committee, national focal points and European topic centres;

               42.

               Recalls that the Agency took over the role of coordinator of the heads of the regulatory agencies on 1 March 2006.

      (1)  OJ C 261, 31.10.2007, p. 4.

      (2)  OJ C 309, 19.12.2007, p. 24.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 120, 11.5.1990, p. 1.

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

      (6)  OJ L 187, 15.7.2008, p. 106.

      (7)  Resolution of the European Parliament containing the comments accompanying the decision on the discharge to the Executive Director of the European Environment Agency in respect of the implementation of its budget for the financial year 2003 (OJ L 196, 27.7.2005, p. 81).

      (8)  OJ C 273, 15.11.2007, p. 1.

      (9)  Council document DS 605/1/07 Rev1.

      (10)  Source: report on the annual accounts of the Office for Harmonization in the Internal Market for the financial year 2006, together with the Office's replies (OJ C 309, 19.12.2007, p. 141).

      (11)  Source: report on the annual accounts of the Community Plant Variety Office for the financial year 2006, together with the Office's replies (OJ C 309, 19.12.2007, p. 135).


Avis juridique important

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32000D0813

2000/813/EC: Council Decision of 14 December 2000 on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out for the period 3 May 2000 to 2 May 2002 the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Government of the People's Republic of Angola on fishing off the coast of Angola

Official Journal L 329 , 27/12/2000 P. 0016 - 0017

Council Decisionof 14 December 2000on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out for the period 3 May 2000 to 2 May 2002 the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Government of the People's Republic of Angola on fishing off the coast of Angola(2000/813/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) The Community and the Republic of Angola have held negotiations with a view to determining amendments or additions to be made to the Agreement between the European Economic Community and the Government of the People's Republic of Angola on fishing off the coast of Angola(1) at the end of the period of application of the Protocol annexed to the said Agreement.(2) As a result of these negotiations, a new Protocol was initialled on 6 July 2000.(3) Under that Protocol, Community fishermen have fishing opportunities in the waters under the sovereignty or jurisdiction of the Republic of Angola for the period 3 May 2000 to 2 May 2002.(4) In order to avoid interruption of fishing activities by Community vessels, the new Protocol should be applied as soon as possible. For this reason, both parties have initialled an Agreement in the form of an Exchange of Letters providing for the initialled Protocol to be provisionally applied from the day following the date of expiry of the previous Protocol. That Agreement should be approved subject to a definitive decision under Article 37 of the Treaty.(5) The method of allocating the fishing opportunities among the Member States should be defined on the basis of the traditional allocation of fishing opportunities under the Fisheries Agreement,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out for the period 3 May 2000 to 2 May 2002 the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Government of the People's Republic of Angola on fishing off Angola is hereby approved on behalf of the Community.The texts of the Agreement in the form of an Exchange of Letters and of the Protocol are attached to this Decision.Article 21. The fishing opportunities fixed in the Protocol shall be allocated among the Member States as follows:(a) shrimp vessels:>TABLE>(b) demersal fishing vessels:>TABLE>(c) freezer tuna seiners:>TABLE>(d) surface longliners:>TABLE>(e) pelagic fishing vessels:>TABLE>2. If licence applications from these Member States do not cover all the fishing opportunities fixed by the Protocol, the Commission may take into consideration licence applications from any other Member State.Article 3The President of the Council is hereby authorised to designate the person or persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.Done at Brussels, 14 December 2000.For the CouncilThe PresidentJ. Glavany(1) OJ L 341, 3.12.1987, p. 1.