title: 2004/714/EC: Decision of the European Parliament of 21 April 2004 concerning discharge to the Director of the European Training Foundation in respect of the implementation of its budget for the financial year 2002

text:
               21.4.2004

               EN

               Official Journal of the European Union

               L 330/46

         DECISION OF THE EUROPEAN PARLIAMENT
   of 21 April 2004
   concerning discharge to the Director of the European Training Foundation in respect of the implementation of its budget for the financial year 2002
   (2004/714/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the Court of Auditors' report on the financial statements of the European Training Foundation for the financial year 2002, together with the Foundation's replies (1) (C5-0641/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0144/2004),
   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 (2), and in particular Article 185 thereof, and to Council Regulation (EC) No 1648/2003 of 18 June 2003 amending Regulation (EEC) No 1360/90 establishing a European Training Foundation (3), and in particular Article 11 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 (4), and in particular Article 94 thereof,
   having regard to Rule 93a 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 Employment and Social Affairs (A5-0212/2004),

               1.

               Gives discharge to the Director of the European Training Foundation in respect of the implementation of its budget for the financial year 2002;

               2.

               Records its comments in the accompanying resolution;

               3.

               Instructs its President to forward this decision and the accompanying resolution to the Director of the European Training Foundation, the Council, the Commission and the Court of Auditors and to have them published in the Official Journal of the European Union (L series).

            The Secretary-General

         Julian PRIESTLEY

            The President

         Pat COX

      (1)  OJ C 319, 30.12.2003, p. 47.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 245, 29.9.2003, p. 22.

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

               21.4.2004

               EN

               Official Journal of the European Union

               L 330/47

         RESOLUTION
   of the European Parliament containing the comments accompanying the decision on the discharge to the Director of the European Training Foundation in respect of the implementation of its budget for the financial year 2002
   THE EUROPEAN PARLIAMENT,
   having regard to the Court of Auditors' report on the financial statements of the European Training Foundation for the financial year 2002, together with the Foundation's replies (1) (C5-0641/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0144/2004),
   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 (2), and in particular Article 185 thereof, and to Council Regulation (EC) No 1648/2003 of 18 June 2003 amending Regulation (EEC) No 1360/90 establishing a European Training Foundation (3), and in particular Article 11 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 (4), and in particular Article 94 thereof,
   having regard to Rule 93a 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 Employment and Social Affairs (A5-0212/2004),

               A.

               whereas the European court of Auditors (ECA) stated in its abovementioned report that it had obtained reasonable assurances that the accounts for the financial year ended 31 December 2002 are reliable and that the underlying transactions, taken as a whole, are legal and regular;

               B.

               whereas Parliament, in accordance with Article 185 of the new Financial Regulation, is exercising for the first time its competence to give discharge to the Foundation's Director in respect of the implementation of its budget for the financial year 2002;

               C.

               whereas in inaugurating this new relationship with the Foundation, Parliament's competent committee received information from it in reply to the questions it addressed to the Foundation;

               1.

               Notes the following figures for the accounts of the European Training Foundation for the financial years 2002 and 2001:
               Revenue and expenditure account for the financial years 2002 and 2001
                      (5)

                           (1000 euro)

                           2002

                           2001

                              Revenue

                           Own revenue

                           Commission subsidies

                           13 179

                           16 800

                           Miscellaneous revenue

                           23

                           47

                           Financial revenue

                           140

                           290

                              Total revenue (a)

                              13 342

                              17 137

                              Expenditure

                              Staff — Title I of the budget

                           Payments

                           10 153

                           9 746

                           Appropiations carried over

                           215

                           356

                              Administration — Title II of the budget

                           Payments

                           805

                           862

                           Appropriations carried over

                           559

                           541

                              Operating activities — Title III of the budget

                           Payments

                           2 307

                           2 572

                           Appropriations carried over

                           2 591

                           2 595

                              Total expenditure (b)

                              16 631

                              16 672

                              Outturn for the financial year (a - b)
                               (6)

                              -3 289

                              465

                           Balance carried over from the previous financial year

                           4 055

                           3 352

                           Appropriations carried over and cancelled

                           424

                           258

                           Sums for re-use from the 2001 (2000) financial year, not used

                           0

                           0

                           Reimbursements to the Commission

                           -3 352

                           0

                           Exchange-rate differences

                           6

                           - 20

                              Balance for the financial year

                              -2 155

                              4 055

         Implementation of the budget - Audit and control

               2.

               Notes the ECA's criticism that the volume of carry-overs of operating appropriations remains high and its observation that the Foundation should improve the monitoring of its programme; notes also the Foundation's reply in which it suggested that a reduction in the level of carry-overs is to be expected for the year after 2002 and that the introduction of multiannual payment appropriations would help solve the problem;

               3.

               Invites the Foundation to further explain its analysis of options offered by the new Financial Regulation, with a view to reducing carry-overs and better complying with the annuality principle;

               4.

               Notes with satisfaction the Foundation's plan to adopt the 24 internal control standards with a view to complying fully with those standards by the end of 2004; notes also steps taken towards establishing an internal audit capability; stresses the importance of cooperation with the Commission's Internal Audit Service;

               5.

               Notes that the Community subsidy to the Foundation is paid in periodic instalments; notes also the Foundation's remark in its replies to the questionnaire that delays in the payment of instalments resulted in a cashflow problem; takes the view that such situations may have adverse effects on the implementation of the work programme;

               6.

               Invites the Commission and the Foundation to improve their coordination and to prevent, by appropriate means, such problems occurring again; invites the Commission to inform its competent committees of the problem and of the measures taken to remedy that situation;

         Financial statements

               7.

               Notes the Foundation's reply to the ECA's observation as regards the presentation in its financial statements for the year 2003 of the convention funds it manages from Tacis, Phare and Tempus technical assistance; notes the Foundation's readiness, following consultation with the Commission, to find the appropriate solution in response to the ECA's observation;

         Legality and regularity of the underlying transactions

               8.

               Invites the Foundation, in cooperation with the Commission, to ensure the proper follow-up to the ECA's observation with regard to checks that should be applied in order to verify that only those former employees of the Foundation who are entitled to the unemployment allowance actually receive it;

         Other

               9.

               Notes the Foundation's readiness to take up additional tasks; reiterates its call to the Commission to use the Foundation's expertise in a wider geographical context than at present and for providing technical assistance to programmes such as Tempus and Erasmus Mundus;

               10.

               Notes the Summary Joint Progress Report on cooperation between the Foundation and Cedefop, of 23 September 2003, which outlines joint initiatives and action taken with a view to preparing the candidate countries' participation in Cedefop's activities from the moment enlargement is effective; stresses that the joint action should continue; invites the ETF, Cedefop and the Commission to report to Parliament, once the ten new countries have acceded, on the results of transferring ETF's work in these countries under the responsibility of Cedefop;

         Horizontal points on the Agencies and the Commission

      Implementing the new Financial Regulation - Internal audit and control

               11.

               Reiterates the position taken in its resolutions (7) accompanying the discharge given to the Agencies for 2001 as regards the implementation of the new Financial Regulation; invites the Commission and the agencies to continue their cooperation, in particular in the areas of accounting, internal audit, management and control procedures, so as to ensure that a coherent harmonised framework for the functioning of the agencies is established;

               12.

               Recalls that it expressed concern in the discharge resolution for 2001 concerning the lack of controls on the agencies carried out by the internal audit service of the Commission (IAS); expresses grave concern that such controls do not seem to have been carried out this year; asks the Commission and the IAS to explain the reasons for this and to provide data about the number of staff available to the Internal Auditor to carry out controls in the agencies; expects the Commission to indicate how it can guarantee that sufficient and correct controls are carried out in the satellite bodies, in particular the IAS;

               13.

               Stresses that it is essential that the agencies be required to submit to the investigative powers of OLAF under the same conditions as the institutions (8); invites the ECA to provide information, in time for adoption of the discharge resolution, on whether the Community bodies which acceded to the Interinstitutional Agreement of 25 May 1999 (9) on internal investigations by OLAF did so in the same terms as those laid down in the annex to this Agreement;

         Financial Management

               14.

               Notes that in some of the agencies' replies to the questionnaire concerning the way in which the recurrent problem of substantial carry-overs might be addressed, mention is made of the possibilities offered by the new Financial Regulation, which provides for the use of ‘differentiated appropriations’; invites the Agencies to better explain their analysis and to indicate in particular which of their activities of a multiannual nature might be financed by such appropriations;

               15.

               Invites the Commission to present its position on such a solution and, should it consider that this solution is not feasible, to outline alternatives allowing for a substantial reduction in carry-overs;

         Review of the agencies

               16.

               Stresses that, prior to any decision to set up an agency, the Commission must make a rigorous analysis of the need for and added value of the functions that the agency will perform, with an eye to the principles of subsidiarity, budgetary rigour and procedural simplification;

               17.

               Calls on the Commission to make a general study of activities currently carried out by various Community bodies that might overlap or serve the same goals, and to propose appropriate solutions, including the possible mergers of agencies;

               18.

               Is concerned by the fact that there is an imbalance between administrative and operational expenditure in many agencies, with administrative expenditure exceeding expenditure for operational purposes; calls therefore on the Commission and the Agencies to set targets and a timetable to reduce the level of administrative expenditure as a proportion of total expenditure; notes that many agencies see opportunities in this regard, as listed in the questionnaire;

               19.

               With reference to the replies to the questionnaire on interinstitutional cooperation, encourages the agencies to improve cooperation between themselves in order to meet their needs in specific areas (for example, software development) and reduce costs, rather than adopt solutions which were initially designed for the purposes of the Commission but which often prove to be too cumbersome and complicated for the agencies' specific needs;

               20.

               Encourages the agencies to organise and develop a close working relationship with the competent parliamentary committees; invites its standing committees with competence in the areas of activity of each of the agencies to coordinate their action with the Committees of Budgets and Budgetary Control, with a view to ensuring efficient monitoring of the activity of the agencies;

         New sources of financing

               21.

               Welcomes the responses and ideas that emerged from the questionnaire concerning the possibilities of other sources of financing; notes that many current sources and proposals concern the letting of buildings and facilities and the sale of publications and information; realises that for reasons of independence, among other things, not all agencies are to accept additional financial sources; stresses the economies of scale and financial benefits of the participation of non-EU countries in the activities of certain agencies; calls on the Commission and the agencies to come forward with constructive proposals with regard to further development of new sources of additional financing, which would increase the level of self-financing;

               22.

               Welcomes the financial contributions of some Member States and regions to the agencies located on their area; considers it important for Council and the Commission to demand such contributions, especially when new agencies are set up;

         Harmonised operating framework

               23.

               Recalls its position (10) that the multitude of different forms in the existing agencies' structures was thought to be ‘neither transparent nor comprehensible, and, even bearing in mind the differences in tasks, not justified’; invites the Commission to conduct a review of all the existing agencies with a view to proposing, where appropriate, amendments to their basic instruments (11) so as to adapt them to the models that the future regulatory framework should encompass; instructs its competent committees to follow up this comprehensive review exercise, which should be conducted as soon as possible, and to take into consideration the horizontal issues mentioned in this discharge resolution;

               24.

               Invites the Commission to present appropriate proposals, aimed at creating such a harmonised framework for the agencies, prior to or at least in parallel with the presentation of the legislative proposals for the new agencies; insists that an interinstitutional agreement spelling out common guidelines is a pre-condition for creating the harmonised framework;

         Staff policy

               25.

               Notes that, as a result of the new Financial Regulation, the organigrams of the agencies are established by the budgetary authority; stresses the importance of this change for the agency discharge procedure in the years to come as regards checking application of the Staff Regulation in matters of recruitment, promotion policy, vacancy rates and recruitment policy;

               26.

               Notes that, in response to a questionnaire tabled in the course of the budgetary procedure for 2004, it was established that, on average, it took considerably fewer years to obtain promotion at several agencies than is the policy in the Commission, that vacancy rates were considerably higher compared to other institutions and that several of the requested new posts were not proposed at the lowest grade; considers that staff policy should form an important part of a review of the existing agencies;

               27.

               Considers that the staff policy of the agencies should comply with the Financial Regulation, the Staff Regulations and the best practice generally followed by the Institutions; considers that the Commission has been requested to give, before the 2005 budgetary procedure, guidelines concerning staff policy, notably the rate of vacant posts, the rate of promotions, the level of recruitment and the standard career profile;

               28.

               Recalls the principle that the agencies should as far as possible employ staff on temporary contracts, in order to maintain flexibility and efficiency;

               29.

               Is concerned about the serious anomalies detected in connection with the selection procedures of the European Monitoring Centre for Drugs and Drug Addiction, including: imprecise notice, incomplete selection committee minutes, criteria for assessing candidates not defined in advance (12); is very concerned that this might not be an isolated case but that Agencies in general might have difficulty in managing these rather complex procedures in a fair and transparent manner;

               30.

               Is of the opinion that selection procedures organised by agencies should meet the same standards as those organised by the European Personnel Selection Office (EPSO) and that they should not be perceived as a backdoor for easy entry into the European civil service;

               31.

               Invites the Commission to make proposals in order to ensure that the Agencies benefit from appropriate support from the EPSO when organising selection procedures and that there is a mechanism in place to validate the outcome of such procedures externally before recruitment takes place.

      (1)  OJ C 319, 30.12.2003, p. 47.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 245, 29.9.2003, p. 22.

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

      (5)  The revenue and expenditure account and balance sheet only take account of the Foundation's specific activities: they ignore programmes managed on behalf of the Commission or other bodies.

      (6)  Calculated according to the provisions of Article 15 of Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 (OJ L 130, 31.5.2000, p. 8).

      (7)  OJ L 148, 16.6.2003, p. 83 and OJ L 333, 20.12.2003, p. 53 (point 18).

      (8)  Texts adopted, 13.1.2004, P5_TA(2004) 0015.

      (9)  OJ L 136, 31.5.1999, p. 15.

      (10)  P5_TA(2004) 0015 (paragraphs 13 and 14).

      (11)  P5_TA(2004) 0015 (paragraph 24).

      (12)  See paragraph 13 of the Court of Auditors' specific report for 2002 (p. 64).


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32004D0575

2004/575/EC: Council Decision of 29 April 2004 on the conclusion, on behalf of the European Community, of the Protocol to the Barcelona Convention for the Protection of the Mediterranean Sea against Pollution, concerning cooperation in preventing pollution from ships and, in cases of emergency, combating pollution of the Mediterranean Sea

Official Journal L 261 , 06/08/2004 P. 0040 - 0040

 Council Decision  of  29 April 2004  on the conclusion, on behalf of the European Community, of the Protocol to the Barcelona Convention for the Protection of the Mediterranean Sea against Pollution, concerning cooperation in preventing pollution from ships and, in cases of emergency, combating pollution of the Mediterranean Sea (2004/575/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community and in particular Article 175(1), in conjunction with the first sentence of Article 300(2) and the first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament(1),

Whereas:

(1) European Community policy on the environment contributes to the pursuit of objectives which include preserving, protecting and improving the quality of the environment and promoting measures at international level to deal with regional or worldwide environmental problems.

(2) The European Community is a Contracting Party to the Convention for the Protection of the Mediterranean Sea against Pollution (Barcelona Convention), approved by Decision 77/585/EEC(2), and its 1995 revision, approved by Decision 1999/802/EC(3). The Community is also a Contracting Party to four protocols of the Barcelona Convention, including the Protocol concerning cooperation in combating pollution of the Mediterranean Sea by oil and other harmful substances in cases of emergency approved by Decision 81/420/EEC(4).

(3) The Commission took part, on behalf of the Community, in the negotiations on the Protocol concerning cooperation in preventing pollution from ships and, in cases of emergency, combating pollution of the Mediterranean Sea (the Protocol), on the basis of the negotiating directives received from the Council on  25 January 2000 .

(4) On  25 January 2002  in Malta, the Community signed the Protocol.

(5) The Protocol updates the legal instruments of the Barcelona Convention, to include cooperation on the prevention of pollution from ships, to make more effective cooperation in response to pollution incidents and to promote the implementation of the applicable international regulations.

(6) The Protocol, not affecting the right of Parties to adopt relevant stricter measures in conformity with international law, contains the measures needed to avoid there being any incoherence with Community legislation already in force in the areas covered by the Protocol.

(7) The Community should therefore approve the Protocol,

HAS DECIDED AS FOLLOWS:

Article 1

The Protocol to the Barcelona Convention for the Protection of the Mediterranean Sea against Pollution concerning cooperation in preventing pollution from ships and, in cases of emergency, combating pollution of the Mediterranean Sea, hereinafter referred to as  «the Protocol» , is hereby approved on behalf of the Community.

The text of the Protocol is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered, on behalf of the European Community, to deposit with the Spanish Government the instrument of approval of the Protocol, in accordance with the provisions of Article 23 of the Protocol.

Done at Luxembourg,  29 April 2004 .

 For the Council

 The President

M. Mc Dowell

(1) Opinion of  10 February 2004  (not yet published in the Official Journal).

(2) OJ L 240, 19.9.1977, p. 1.

(3) OJ L 322, 14.12.1999, p. 32.

(4) OJ L 162, 19.6.1981, p. 4.


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32000D0804

2000/804/EC: Council Decision of 4 December 2000 on the conclusion of Agreements on trade in textile products with certain third countries (Republic of Belarus, Kingdom of Nepal, Former Yugoslav Republic of Macedonia, Armenia, Azerbaijan, Georgia, Kazakhstan, Moldova, Tajikistan, Turkmenistan, Uzbekistan, People's Republic of China, Ukraine, Arab Republic of Egypt)

Official Journal L 326 , 22/12/2000 P. 0063 - 0064

Council Decisionof 4 December 2000on the conclusion of Agreements on trade in textile products with certain third countries (Republic of Belarus, Kingdom of Nepal, Former Yugoslav Republic of Macedonia, Armenia, Azerbaijan, Georgia, Kazakhstan, Moldova, Tajikistan, Turkmenistan, Uzbekistan, People's Republic of China, Ukraine, Arab Republic of Egypt)(2000/804/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 paragraph of Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) The Commission has negotiated on behalf of the European Community Agreements on trade in textile products with certain third countries.(2) These Agreements have been provisionally implemented subject to reciprocity(1).(3) The Agreement on trade and textile products, in the form of an exchange of letters, with the Republic of Kazakhstan has been signed on 27 June 2000, subject to its conclusion.(4) These Agreements should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreements listed in the Annex to this Decision are hereby approved on behalf of the Community.Article 2The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreements, with the exception of that relating to Kazakhstan(2) in order to bind the Community.Article 3This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 4 December 2000.For the CouncilThe PresidentH. Védrine(1) Council Decision (Kingdom of Nepal) 2000/72/EC, (OJ L 32, 7.2.2000, p. 1) and Council Decisions (Republic of Belarus): 1999/869/EC, (OJ L 336, 29.12.1999, p. 26); (Former Yugoslav Republic of Macedonia): 1999/875/EC, (OJ L 344, 31.12.1999, p. 1); (Armenia, Azerbaijan, Georgia, Kazakhstan, Moldova, Tajikistan, Turkmenistan and Uzbekistan): 1999/867/EC, (OJ L 343, 31.12.1999, p. 1); (People's Republic of China): 1999/876/EC, (OJ L 345, 31.12.1999, p. 1); (Ukraine): 1999/871/EC, (OJ L 337, 30.12.1999, p. 43); (Arab Republic of Egypt): 2000/3/EC (OJ L 2, 5.1.2000, p. 68).(2) The Agreement relating to Kazakhstan has already been signed on 27 June 2000, subject to its conclusion.ANNEX- Agreement in the form of an Exchange of Letters between the European Community and the Republic of Belarus amending the Agreement between the European Community and the Republic of Belarus on trade in textile products, under provisional application following Council Decision 1999/869/EC(1).- Agreement between the European Community and the Kingdom of Nepal on trade in textile products, under provisional application following Council Decision 2000/72/EC(2).- Agreement between the European Community and the Former Yugoslav Republic of Macedonia on trade in textile products, under provisional application following Council Decision 1999/875/EC(3).- Agreements in the form of an Exchange of Letters between the European Community and certain third States (Armenia, Azerbaijan, Georgia, Kazakhstan, Moldova, Tajikistan, Turkmenistan and Uzbekistan) on trade in textile products, under provisional application following Council Decision 1999/867/EC(4).- Agreement in the form of an Exchange of Letters amending the Agreements between the European Community and the People's Republic of China on trade in textile products, under provisional application following Council Decision 1999/876/EC(5).- Agreement in the form of an Exchange of Letters between the European Community and Ukraine amending the Agreement between the European Community and Ukraine on trade in textile products, under provisional application following Council Decision 1999/871/EC(6).- Memorandum of Understanding between the European Community and the Arab Republic of Egypt on trade in textile products, under provisional application following Council Decision 2000/3/EC(7).(1) OJ L 336, 29.12.1999, p. 26.(2) OJ L 32, 7.2.2000, p. 1.(3) OJ L 344, 31.12.1999, p. 1.(4) OJ L 343, 31.12.1999, p. 1.(5) OJ L 345, 31.12.1999, p. 1.(6) OJ L 337, 30.12.1999, p. 43.(7) OJ L 2, 5.1.2000, p. 68.


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41977D0421

77/421/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council, of 28 June 1977 opening tariff preferences for products covered by that Community and originating in Lebanon

Official Journal L 169 , 07/07/1977 P. 0029 - 0029

****( 1 ) OJ NO L 133 , 27 . 5 . 1977 , P . 1 .   DECISION   OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL ,   OF 28 JUNE 1977   OPENING TARIFF PREFERENCES FOR PRODUCTS COVERED BY THAT COMMUNITY AND ORIGINATING IN LEBANON  ( 77/421/ECSC )   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL ,   WHEREAS THE MEMBER STATES HAVE CONCLUDED AMONG THEMSELVES THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY ;   WHEREAS THE INTERIM AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE LEBANESE REPUBLIC ( 1 ), SIGNED IN BRUSSELS ON 3 MAY 1977 , IS TO ENTER INTO FORCE ON 1 JULY 1977 ;   WHEREAS THE AGREEMENT BETWEEN THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY AND THE LEBANESE REPUBLIC IS SUBJECT TO THE APPROVAL OF EACH SIGNATORY STATE IN ACCORDANCE WITH ITS OWN CONSTITUTIONAL RULES ;   ANXIOUS TO APPLY AUTONOMOUSLY AND CONCOMITANTLY THE TARIFF REDUCTIONS LAID DOWN IN THAT AGREEMENT ;   IN AGREEMENT WITH THE COMMISSION ,   HAVE DECIDED AS FOLLOWS :   ARTICLE 1   WITH EFFECT FROM 1 JULY 1977 , THE DUTIES APPLICABLE IN THE COMMUNITY TO IMPORTS OF PRODUCTS COVERED BY THE EUROPEAN COAL AND STEEL COMMUNITY AND ORIGINATING IN LEBANON SHALL BE SUSPENDED .   ARTICLE 2   THE PROVISIONS LAYING DOWN THE RULES OF ORIGIN FOR THE IMPLEMENTATION OF THE INTERIM AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE LEBANESE REPUBLIC SHALL APPLY TO THE PRODUCTS REFERRED TO IN ARTICLE 1 .   ARTICLE 3   THE MEMBER STATES SHALL DECIDE BY COMMON ACCORD ON ANY CONTINGENT PROTECTIVE MEASURES SUGGESTED BY ONE OR MORE MEMBER STATES OR BY THE COMMISSION .   ARTICLE 4   THIS DECISION SHALL EXPIRE ON THE ENTRY INTO FORCE OF THE AGREEMENT BETWEEN THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY AND THE LEBANESE REPUBLIC , AND NO LATER THAN 30 JUNE 1978 .   ARTICLE 5   MEMBER STATES SHALL ADOPT ALL THE MEASURES NECESSARY FOR THE IMPLEMENTATION OF THIS DECISION .   DONE AT LUXEMBOURG , 28 JUNE 1977 .   THE PRESIDENT   W . RODGERS


title: Decision No 1149/2007/EC of the European Parliament and of the Council of 25 September 2007 establishing for the period 2007-2013 the Specific Programme Civil Justice as part of the General Programme Fundamental Rights and Justice

text:
               3.10.2007

               EN

               Official Journal of the European Union

               L 257/16

      DECISION No 1149/2007/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 25 September 2007
   establishing for the period 2007-2013 the Specific Programme ‘Civil Justice’ as part of the General Programme ‘Fundamental Rights and Justice’
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 61(c) and Article 67(5) thereof,
   Having regard to the proposal from the Commission,
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),
   Whereas:

               (1)

               The Community has set itself the objective of maintaining and developing an area of freedom, security and justice, in which the free movement of persons is assured. To this end, the Community is to adopt, inter alia, measures in the field of judicial cooperation in civil matters necessary for the proper functioning of the internal market.

               (2)

               Following previous programmes, such as Grotius (2) and the Robert Schuman project (3), Council Regulation (EC) No 743/2002 (4) established, for the period 2002-2006, a general Community framework of activities to facilitate the implementation of judicial cooperation in civil matters.

               (3)

               The Brussels European Council of 4 and 5 November 2004 adopted the Hague Programme: Strengthening freedom, security and justice in the European Union (5) (hereinafter referred to as ‘the Hague Programme’).

               (4)

               In June 2005, the Council and the Commission adopted the Action Plan implementing the Hague Programme (6).

               (5)

               The ambitious objectives set by the Treaty and the Hague Programme should be achieved through the establishment of a flexible and effective programme that will facilitate planning and implementation.

               (6)

               The programme ‘Civil Justice’ should provide for initiatives taken by the Commission, in compliance with the principle of subsidiarity, for actions in support of organisations promoting and facilitating judicial cooperation in civil matters, and for actions in support of specific projects.

               (7)

               A general programme in the field of civil justice aimed at better mutual understanding of the legal and judicial systems of the Member States will contribute to lowering the barriers to judicial cooperation in civil matters, which will improve the functioning of the internal market.

               (8)

               According to the Hague Programme, strengthening mutual confidence requires an explicit effort to improve mutual understanding among judicial authorities and different legal systems. European networks of national public authorities should be given special attention and support in this respect.

               (9)

               This Decision should provide for the possibility to co-finance the activities of certain European networks to the extent that the expenditure is incurred in pursuing an objective of general European interest. However, such co-financing should not imply that a future programme would cover such networks, nor should it prevent other European networks from benefiting from support to their activities in accordance with this Decision.

               (10)

               Any institution, association or network receiving a grant under the programme ‘Civil Justice’ should acknowledge the Community support received in accordance with the visibility guidelines to be laid down by the Commission.

               (11)

               This Decision lays down, for the entire duration of the programme, a financial envelope constituting the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (7), for the budgetary authority during the annual budgetary procedure.

               (12)

               Since the objectives of this Decision cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the programme, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.

               (13)

               Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (8) (hereinafter referred to as ‘the Financial Regulation’) and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 (9), which safeguard the Community financial interests, have to be applied taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the Commission retains direct responsibility for implementation and management, and the required proportionality between the level of resources and the administrative burden related to their use.

               (14)

               Appropriate measures should also be taken to prevent irregularities and fraud, and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the Communities’ financial interests (10), Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (11) and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (12).

               (15)

               The Financial Regulation requires a basic act to be provided to cover operating grants.

               (16)

               The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (13), with a distinction being made between those measures which are subject to the management procedure and those which are subject to the advisory procedure, the advisory procedure being in certain cases, with a view to increased efficiency, the more appropriate.

               (17)

               In accordance with Article 7(3) of Decision 1999/468/EC, the European Parliament should be informed by the Commission of committee proceedings relating to the implementation of this programme. In particular, the European Parliament should receive the draft annual programme when it is submitted to the management committee. In addition, the European Parliament should receive the results of voting and summary records of the meetings of that committee.

               (18)

               In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom and Ireland have notified their wish to take part in the adoption and application of this Decision.

               (19)

               In accordance with Articles 1 and 2 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 take part in the adoption of this Decision and is not bound by it or subject to its application.

               (20)

               The European Economic and Social Committee has delivered an opinion on this Decision (14).

               (21)

               In order to ensure the effective and timely implementation of this programme, this Decision should apply from 1 January 2007,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   Establishment of the Programme
   1.   This Decision establishes the Specific Programme ‘Civil Justice’, hereinafter referred to as ‘the Programme’, as part of the General Programme ‘Fundamental Rights and Justice’, in order to contribute to the progressive establishment of the area of freedom, security and justice.
   2.   The Programme shall cover the period from 1 January 2007 to 31 December 2013.
   3.   In this Decision, the term ‘Member State’ shall mean Member States with the exception of Denmark.
   Article 2
   General objectives
   1.   The Programme shall have the following general objectives:

               (a)

               to promote judicial cooperation with the aim of contributing to the creation of a genuine European area of justice in civil matters based on mutual recognition and mutual confidence;

               (b)

               to promote the elimination of obstacles to the good functioning of cross-border civil proceedings in the Member States;

               (c)

               to improve the daily life of individuals and businesses by enabling them to assert their rights throughout the European Union, notably by fostering access to justice;

               (d)

               to improve the contacts, exchange of information and networking between legal, judicial and administrative authorities and the legal professions, including by way of support of judicial training, with the aim of better mutual understanding among such authorities and professionals.

         2.   Without prejudice to the objectives and powers of the Community, the general objectives of the Programme shall contribute to the development of Community policies, and more specifically to the creation of a judicial area.
   Article 3
   Specific objectives
   The Programme shall have the following specific objectives:

               (a)

               to foster judicial cooperation in civil matters aiming at:

                           (i)

                           ensuring legal certainty and improving access to justice;

                           (ii)

                           promoting mutual recognition of decisions in civil and commercial cases;

                           (iii)

                           eliminating obstacles to cross-border litigation created by disparities in civil law and civil procedures and promoting the necessary compatibility of legislation for that purpose;

                           (iv)

                           guaranteeing a proper administration of justice by avoiding conflicts of jurisdiction;

               (b)

               to improve mutual knowledge of Member States’ legal and judicial systems in civil matters and to promote and strengthen networking, mutual cooperation, exchange and dissemination of information, experience and best practices;

               (c)

               to ensure the sound implementation, the correct and concrete application and the evaluation of Community instruments in the area of judicial cooperation in civil and commercial matters;

               (d)

               to improve information on the legal systems in the Member States and access to justice;

               (e)

               to promote the training of legal practitioners in Union and Community law;

               (f)

               to evaluate the general conditions necessary to reinforce mutual confidence, while fully respecting the independence of the judiciary;

               (g)

               to facilitate the operation of the European Judicial Network in civil and commercial matters established by Council Decision 2001/470/EC (15).

         Article 4
   Actions
   With a view to pursuing the general and specific objectives set out in Articles 2 and 3, the Programme shall support the following types of action under the conditions set out in the annual work programmes referred to in Article 9(2):

               (a)

               specific actions initiated by the Commission, such as studies and research, opinion polls and surveys, formulation of indicators and common methodologies, collection, development and dissemination of data and statistics, seminars, conferences and expert meetings, organisation of public campaigns and events, development and maintenance of websites, preparation and dissemination of information material, support for and management of networks of national experts, analytical, monitoring and evaluation activities; or

               (b)

               specific transnational projects of Community interest presented by an authority or any other body of a Member State, an international organisation or a non-governmental organisation, and involving in any case at least two Member States or at least one Member State and one other State which may be either an acceding country or a candidate country; or

               (c)

               the activities of non-governmental organisations or other entities pursuing an aim of general European interest in accordance with the general objectives of the Programme under the conditions set out in the annual work programmes; or

               (d)

               operating grants to co-finance expenditure associated with the permanent work programmes of the European Network of Councils for the Judiciary and the Network of the Presidents of the Supreme Judicial Courts of the European Union, insofar as it is incurred in pursuing an objective of general European interest by promoting exchanges of views and experience on matters concerning case-law and the organisation and functioning of the members of those networks in the performance of their judicial and/or advisory functions with regard to Community law.

         Article 5
   Participation
   1.   The following countries may participate in the actions of the Programme: the acceding countries, the candidate countries and the Western Balkan countries included in the stabilisation and association process in accordance with the conditions laid down in the association agreements or additional protocols thereto relating to participation in Community programmes concluded or to be concluded with those countries.
   2.   Projects may associate legal practitioners from Denmark, from candidate countries not participating in the Programme where this would contribute to their preparation for accession, or from other third countries not participating in the Programme where this serves the aim of the projects.
   Article 6
   Target groups
   1.   The Programme is targeted at, inter alia, legal practitioners, national authorities and the citizens of the Union in general.
   2.   For the purposes of this Decision, ‘legal practitioners’ shall mean judges, prosecutors, advocates, solicitors, notaries, academic and scientific personnel, ministry officials, court officers, bailiffs, court interpreters and other professionals associated with the judiciary in the area of civil law.
   Article 7
   Access to the Programme
   Access to the Programme shall be open to institutions and public or private organisations, including professional organisations, universities, research institutes and legal and judicial training institutes for legal practitioners, international organisations and non-governmental organisations of the Member States.
   Article 8
   Types of intervention
   1.   Community financing may take the following legal forms:

               (a)

               grants;

               (b)

               public procurement contracts.

         2.   Community grants shall be awarded further to calls for proposals and shall be provided through operating grants and grants to actions. The maximum rate of co-financing shall be specified in the annual work programmes.
   3.   Furthermore, provision shall be made for expenditure on accompanying measures, by means of public procurement contracts, in which case Community financing shall cover the purchase of goods and services. This shall cover, inter alia, expenditure on information and communication, preparation, implementation, monitoring, checking and evaluation of projects, policies, programmes and legislation.
   Article 9
   Implementing measures
   1.   The Commission shall implement the Community financial support in accordance with the Financial Regulation.
   2.   To implement the Programme, the Commission shall, within the limits of the general objectives set out in Article 2, adopt annual work programmes specifying specific objectives, thematic priorities, the accompanying measures referred to in Article 8(3) and, if necessary, a list of other actions.
   3.   The annual work programmes shall be adopted in accordance with the procedure referred to in Article 10(2).
   4.   The evaluation and award procedures relating to grants to actions shall take into account, inter alia, the following criteria:

               (a)

               conformity of the proposed action with the annual work programme, the objectives set out in Articles 2 and 3 and the types of action set out in Article 4;

               (b)

               quality of the proposed action in terms of its design, organisation, presentation and expected results;

               (c)

               amount requested for Community financing and its appropriateness in relation to expected results;

               (d)

               impact of the expected results on the objectives set out in Articles 2 and 3 and on the actions referred to in Article 4.

         5.   Applications for operating grants referred to in Article 4(d) shall be assessed in the light of:

               (a)

               consistency with the objectives of the Programme;

               (b)

               quality of the planned activities;

               (c)

               likely multiplier effect on the public of these activities;

               (d)

               geographical impact of the activities carried out;

               (e)

               citizens’ involvement in the organisation of the bodies concerned;

               (f)

               cost/benefit ratio of the activity proposed.

         6.   The Commission shall examine each of the proposed actions submitted to it under Article 4(b) and (c). Decisions relating to these actions shall be adopted in accordance with the procedure referred to in Article 11(2).
   Article 10
   Management Committee
   1.   The Commission shall be assisted by a Management Committee.
   2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.
   Article 11
   Advisory Committee
   1.   The Commission shall be assisted by an Advisory Committee.
   2.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   Article 12
   Complementarity
   1.   Synergies and complementarity shall be sought with other Community instruments, in particular the Specific Programme ‘Criminal Justice’ as part of the General Programme ‘Fundamental Rights and Justice’, and the General Programmes ‘Security and Safeguarding Liberties’ and ‘Solidarity and Management of Migration Flows’. The statistical element of information on civil justice shall be developed in collaboration with Member States, using as necessary the Community Statistical Programme.
   2.   The Programme may exceptionally share resources with other Community instruments, in particular the Specific Programme ‘Criminal Justice’, as part of the General Programme ‘Fundamental Rights and Justice’, in order to implement actions meeting the objectives of both Programmes.
   3.   Operations financed under this Decision shall not receive financial support for the same purpose from other Union or Community financial instruments. The beneficiaries of the Programme shall provide the Commission with information about financing received from the general budget of the European Union and from other sources, as well as information about ongoing applications for financing.
   Article 13
   Budgetary resources
   1.   The financial envelope for the implementation of this Decision shall be set at EUR 109 300 000 for the period set out in Article 1.
   2.   The budgetary resources allocated to the actions provided for in the Programme shall be entered in the annual appropriations of the general budget of the European Union. The available annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.
   Article 14
   Monitoring
   1.   The Commission shall ensure that for any action financed by the Programme, the beneficiary submits technical and financial reports on the progress of work and that a final report is submitted within three months of the completion of the action. The Commission shall determine the form and content of the reports. The Commission shall make the reports available to Member States.
   2.   Without prejudice to the audits carried out by the Court of Auditors in liaison with the competent national audit bodies or departments pursuant to Article 248 of the Treaty, or any inspection carried out pursuant to point (b) of the first subparagraph of Article 279(1) of the Treaty, officials and other staff of the Commission may carry out on-the-spot checks, including sample checks, on actions financed under the Programme.
   3.   The Commission shall ensure that contracts and agreements resulting from the implementation of the Programme provide in particular for supervision and financial control by the Commission (or any representative authorised by it), if necessary on-the-spot, and for audits by the Court of Auditors.
   4.   The Commission shall ensure that for a period of five years following the last payment in respect of any action, the beneficiary of financial support keeps available for the Commission all the supporting documents regarding expenditure on the action.
   5.   On the basis of the results of the reports and sample checks referred to in paragraphs 1 and 2, the Commission shall ensure that, if necessary, the scale or the conditions of allocation of the financial support originally approved and also the timetable for payments are adjusted.
   6.   The Commission shall ensure that every other step necessary to verify that the actions financed are carried out properly and in compliance with the provisions of this Decision and the Financial Regulation, is taken.
   Article 15
   Protection of Community financial interests
   1.   The Commission shall ensure that, when actions financed under this Decision are implemented, the financial interests of the Community are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of the amounts wrongly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with Regulations (EC, Euratom) No 2988/95, (Euratom, EC) No 2185/96 and (EC) No 1073/1999.
   2.   For the Community actions financed under this Decision, Regulations (EC, Euratom) No 2988/95 and (Euratom, EC) No 2185/96 shall apply to any infringement of a provision of Community law, including infringements of a contractual obligation stipulated on the basis of the Programme, resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the European Union or budgets managed by the European Communities by an unjustified item of expenditure.
   3.   The Commission shall ensure that the amount of financial support granted for an action is reduced, suspended or recovered if it finds irregularities, including non-compliance with the provisions of this Decision or the individual decision or the contract or agreement granting the financial support in question, or if it transpires that, without Commission approval having been sought, the action has been subjected to a change which conflicts with the nature or implementing conditions of the project.
   4.   If the time limits have not been observed or if only part of the allocated financial support is justified by the progress made with implementing an action, the beneficiary shall submit observations to the Commission within a specified period. If the beneficiary does not give a satisfactory answer, the Commission shall ensure that the remaining financial support may be cancelled and that sums already paid are demanded to be repaid.
   5.   The Commission shall ensure that any undue payment is repaid to the Commission. Interest shall be added to any sums not repaid in good time under the conditions laid down by the Financial Regulation.
   Article 16
   Evaluation
   1.   The Programme shall be monitored regularly in order to follow the implementation of activities carried out under it.
   2.   The Commission shall ensure a regular, independent and external evaluation of the Programme.
   3.   The Commission shall submit to the European Parliament and the Council:

               (a)

               an annual presentation on the implementation of the Programme;

               (b)

               an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of the Programme, including on the work carried out by the beneficiaries of operating grants referred to in Article 4(d), not later than 31 March 2011;

               (c)

               a communication on the continuation of the Programme not later than 30 August 2012;

               (d)

               an ex-post evaluation report not later than 31 December 2014.

         Article 17
   Publication of actions
   Each year the Commission shall publish a list of the actions financed under the Programme with a short description of each project.
   Article 18
   Visibility
   The Commission shall lay down guidelines to ensure the visibility of the financial support granted under this Decision.
   Article 19
   Entry into force
   This Decision shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2007.

      Done at Strasbourg, 25 September 2007.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         M. LOBO ANTUNES

      (1)  Position of the European Parliament of 14 December 2006 (not yet published in the Official Journal), Council Common Position of 13 June 2007 (OJ C 171 E, 24.7.2007, p. 1) and Position of the European Parliament of 11 July 2007 (not yet published in the Official Journal). Council Decision of 18 September 2007.

      (2)  Joint Action 96/636/JHA of 28 October 1996 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, on a programme of incentives and exchanges for legal practitioners (Grotius) (OJ L 287, 8.11.1996, p. 3); Council Regulation (EC) No 290/2001 of 12 February 2001 extending the programme of incentives and exchanges for legal practitioners in the area of civil law (Grotius-civil) (OJ L 43, 14.2.2001, p. 1).

      (3)  Decision No 1496/98/EC of the European Parliament and of the Council of 22 June 1998 establishing an action programme to improve awareness of Community law within the legal professions (Robert Schuman project) (OJ L 196, 14.7.1998, p. 24).

      (4)  OJ L 115, 1.5.2002, p. 1.

      (5)  OJ C 53, 3.3.2005, p. 1.

      (6)  OJ C 198, 12.8.2005, p. 1.

      (7)  OJ C 139, 14.6.2006, p. 1.

      (8)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (9)  OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 478/2007 (OJ L 111, 28.4.2007, p. 13).

      (10)  OJ L 312, 23.12.1995, p. 1.

      (11)  OJ L 292, 15.11.1996, p. 2.

      (12)  OJ L 136, 31.5.1999, p. 1.

      (13)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

      (14)  OJ C 69, 21.3.2006, p. 1.

      (15)  OJ L 174, 27.6.2001, p. 25.


title: 2014/307/EU: Council Decision of 13 May 2014 on the position to be adopted, on behalf of the European Union, in the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms

text:
               29.5.2014

               EN

               Official Journal of the European Union

               L 160/31

         COUNCIL DECISION
   of 13 May 2014
   on the position to be adopted, on behalf of the European Union, in the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms

      (2014/307/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, in particular Article 166(4), Article 167(5), first indent, Articles 173(3) and 218(9) thereof,
   Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Protocol 31 to the Agreement on the European Economic Area (‘the EEA Agreement’) contains specific provisions and arrangements concerning cooperation in specific fields outside the four freedoms.

               (2)

               It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to include Regulation (EU) No 1295/2013 of the European Parliament and of the Council (2).

               (3)

               Protocol 31 to the EEA Agreement should therefore be amended accordingly, in order to allow for this extended cooperation to take place from 1 January 2014.

               (4)

               The position of the Union within the EEA Joint Committee should therefore be based on the attached draft Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted, on behalf of the European Union, in the EEA Joint Committee on the proposed amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms, shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 13 May 2014.

            For the Council

            The President

         E. VENIZELOS

      (1)  OJ L 305, 30.11.1994, p. 6.

      (2)  Regulation (EU) No 1295/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Creative Europe Programme (2014 to 2020) and repealing Decisions No 1718/2006/EC, No 1855/2006/EC and No 1041/2009/EC (OJ L 347, 20.12.2013, p. 221).

         DRAFT

      DECISION OF THE EEA JOINT COMMITTEE No …/2014
      of
      amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
      THE EEA JOINT COMMITTEE,
      Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Articles 86 and 98 thereof,
      Whereas:

                  (1)

                  It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to include Regulation (EU) No 1295/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Creative Europe Programme (2014 to 2020) and repealing Decisions No 1718/2006/EC, No 1855/2006/EC and No 1041/2009/EC (1).

                  (2)

                  Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2014,

            HAS ADOPTED THIS DECISION:
      Article 1
      The following is added in paragraph 4 of Article 9 of Protocol 31 to the EEA Agreement:

                  ‘—

                     32013 R 1295: Regulation (EU) No 1295/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Creative Europe Programme (2014 to 2020) and repealing Decisions No 1718/2006/EC, No 1855/2006/EC and No 1041/2009/EC (OJ L 347, 20.12.2013, p. 221).
                  Liechtenstein shall be exempted from the participation in, and the financial contribution to, this programme.’

            Article 2
      This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement (2).
      It shall apply from 1 January 2014.
      Article 3
      This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

         Done at Brussels,

               For the EEA Joint Committee

               The President

               The Secretaries

               to the EEA Joint Committee

         (1)  OJ L 347, 20.12.2013, p. 221.

         (2)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]


title: Decision (EU, Euratom) 2016/1432 of the European Parliament, the Council and the Commission of 19 August 2016 appointing the Director of the Authority for European political parties and European political foundations

text:
               27.8.2016

               EN

               Official Journal of the European Union

               L 232/10

         DECISION (EU, Euratom) 2016/1432 OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION
   of 19 August 2016
   appointing the Director of the Authority for European political parties and European political foundations
   THE EUROPEAN PARLIAMENT, THE COUNCIL OF THE EUROPEAN UNION AND THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Treaty establishing the European Atomic Energy Community,
   Having regard to Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council of 22 October 2014 on the statute and funding of European political parties and European political foundations (1), and in particular Article 6(3) thereof,
   Having regard to the list of candidates drawn up on 14 July 2016 by a selection committee composed of the Secretaries-General of the European Parliament, the Council and the Commission following an open call for candidates, with a view to the appointment of the Director of the Authority for European political parties and European political foundations,
   Whereas:

               (1)

               Article 6(1) of Regulation (EU, Euratom) No 1141/2014 establishes an Authority for European political parties and European political foundations.

               (2)

               Article 6(3) of Regulation (EU, Euratom) No 1141/2014 provides for the Director of the Authority for European political parties and European political foundations to be appointed for a non-renewable term of five years by common accord of the European Parliament, the Council and the Commission,

         HAVE ADOPTED THIS DECISION:
   Article 1
   1.   Mr Michael ADAM is hereby appointed as Director of the Authority on European political parties and European political foundations for the period from 1 September 2016 to 31 August 2021.
   2.   The Director shall be appointed as a temporary agent at grade AD 12, step 1.
   3.   The appointment is subject to the signing, by the Director designate, of the declaration of independence and absence of conflict of interests that is annexed to this Decision.
   Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 19 August 2016.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         M. LAJČÁK

            For the Commission

            The First Vice-President

         F. TIMMERMANS

      (1)  OJ L 317, 4.11.2014, p. 1.

      ANNEX
      I, the undersigned, …, declare that I have taken note of Article 6(3) of Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council on the statute and funding of European political parties and European political foundations and will exercise my functions as Director of the Authority fully independently and in full compliance with the rules of that Regulation. When acting on behalf of the Authority, I will neither seek nor take instructions from any institution or government, or from any other body, office or agency. I will refrain from any act which is incompatible with the nature of my duties.
      I declare, to the best of my knowledge, that I am not in a situation of conflict of interests. A conflict of interests exists where the impartial and objective exercise of the functions of Director of the Authority is compromised for reasons involving family, personal life, political, national, philosophical or religious affinity, economic interest or any other shared interest with a recipient. In particular, I declare that I am not a member of the European Parliament, I do not hold any electoral mandate and I am not, and never have been, an employee of a European political party or of a European political foundation.
      Done at Brussels,

            [DATE + SIGNATURE

            of the Director designate]


title: Council Decision (CFSP) 2015/241 of 9 February 2015 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

text:
               16.2.2015

               EN

               Official Journal of the European Union

               L 40/14

         COUNCIL DECISION (CFSP) 2015/241
   of 9 February 2015
   amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (1), and in particular Article 3(1) thereof,
   Whereas:

               (1)

               On 17 March 2014, the Council adopted Decision 2014/145/CFSP.

               (2)

               In view of the continued gravity of the situation on the ground in Ukraine, the Council considers that additional persons and entities should be added to the list of persons, entities and bodies subject to restrictive measures as set out in the Annex to Decision 2014/145/CFSP.

               (3)

               The Annex to Decision 2014/145/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   The persons and entities listed in the Annex to this Decision shall be added to the list set out in the Annex to Decision 2014/145/CFSP.
   Article 2
   This Decision shall enter into force on 16 February 2015.
   It shall be published in the Official Journal of the European Union.

      Done at Brussels, 9 February 2015.

            For the Council

            The President

         F. MOGHERINI

      (1)  OJ L 78, 17.3.2014, p. 16.

      ANNEX

         List of persons and entities referred to in Article 1

      I.   Persons

                  Name

                  Identifying information

                  Statement of reasons

                  Date of Listing

                  133.

                  Pavel DREMOV aka Batya
                  Павел ДРЁМОВ

                  Born in 1976, Stakhanov

                  Commander of the ‘First Cossack Regiment’, an armed separatist group involved in the fighting in eastern Ukraine.
                  In this capacity, he has actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine and to further destabilise Ukraine.

                  16.2.2015

                  134.

                  Alexey MILCHAKOV aka Fritz, Serbian
                  Алексей МИЛЬЧАКОВ

                  Born in 1991, St. Petersburg

                  Commander of the ‘Rusich’ unit, an armed separatist group involved in the fighting in eastern Ukraine.
                  In this capacity, he has actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine and to further destabilise Ukraine.

                  16.2.2015

                  135.

                  Arseny PAVLOV aka Motorola
                  Арсéний Сергéевич ПÁВЛОВ (aka Моторóла)

                  Born on 2.2.1983, Ukhta, Komi

                  Commander of the ‘Sparta Battalion’, an armed separatist group involved in the fighting in eastern Ukraine.
                  In this capacity, he has actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine and to further destabilise Ukraine.

                  16.2.2015

                  136.

                  Mikhail TOLSTYKH aka Givi
                  Михаил Толстых

                  Born in 1980, Ilovaisk

                  Commander of the ‘Somali’ battalion, an armed separatist group involved in the fighting in eastern Ukraine.
                  In this capacity, he has actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine and to further destabilise Ukraine.

                  16.2.2015

                  137.

                  Eduard BASURIN

                  So called ‘Deputy Commander’ of the Ministry of Defense of the so called ‘Donetsk People's Republic’.
                  In taking on and acting in this capacity, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine and to further destabilise Ukraine.

                  16.2.2015

                  138.

                  Alexandr SHUBIN
                  Александр Васильевич ШУБИН

                  So called ‘Minister of Justice’, of the illegal so called ‘Luhansk People's Republic’.
                  In taking on and acting in this capacity, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine and to further destabilise the country.

                  16.2.2015

                  139.

                  Sergey LITVIN
                  Сергей Анатольевич ЛИТВИН

                  So called Deputy Chairman of the Council of Ministers of the so called ‘Luhansk People's Republic’.
                  In taking on and acting in this capacity, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine and to further destabilise Ukraine.

                  16.2.2015

                  140.

                  Sergey IGNATOV
                  Сергей Юрьевич ИГНАТОВ

                  So called Commander in Chief of the People's Militia of the so called ‘Luhansk People's Republic’.
                  In taking on and acting in this capacity, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine and to further destabilise the country.

                  16.2.2015

                  141.

                  Ekaterina FILIPPOVA
                  Екатерина Владимировна ФИЛИППОВА

                  Born on 20.11.1988 in Krasnoarmëisk

                  So called ‘Minister of Justice’ of the so called ‘Donetsk People's Republic’.
                  In taking on and acting in this capacity, she has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine and to further destabilise Ukraine.

                  16.2.2015

                  142.

                  Aleksandr TIMOFEEV
                  Александр ТИМОФЕЕВ

                  Born on 27.1.1974

                  So called ‘Minister of Budget’ of the so called ‘Donetsk People's Republic’.
                  In taking on and acting in this capacity, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine and to further destabilise the country.

                  16.2.2015

                  143.

                  Evgeny MANUILOV
                  Евгений Владимирович МАНУЙЛОВ

                  So called ‘Minister of Budget’ of the so called ‘Luhansk People's Republic’.
                  In taking on and acting in this capacity, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine and to further destabilise Ukraine.

                  16.2.2015

                  144.

                  Viktor YATSENKO
                  Виктор ЯЦЕНКО

                  Born on 22.4.1985 in Kherson

                  So called ‘Minister of Communications’ of the so called ‘Donetsk People's Republic’.
                  In taking on and acting in this capacity, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine and to further destabilise Ukraine.

                  16.2.2015

                  145.

                  Olga BESEDINA
                  Ольга Игорева БЕСЕДИНА

                  So called ‘Minister of Economic Development and Trade’ of the so called ‘Luhansk People's Republic’.
                  In taking on and acting in this capacity, she has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine and to further destabilise Ukraine.

                  16.2.2015

                  146.

                  Zaur ISMAILOV
                  Заур Исмаилов

                  Born in 1975, Krasny Luch, Voroshilovgrad Luhansk

                  So called ‘Acting General Prosecutor’ of the so called ‘Luhansk People's Republic’.
                  In taking on and acting in this capacity, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine and to further destabilise Ukraine.

                  16.2.2015

                  147.

                  Anatoly Ivanovich ANTONOV
                  Анатолий Иванович Антонов

                  Born on 15.5.1955 in Omsk

                  Deputy Minister of Defence, and in that capacity, involved in supporting the deployment of Russian troops in Ukraine.
                  According to the present Russian Ministry of Defence structure, in that capacity, he participates in shaping and implementing the policy of the Russian Government. These policies threaten the territorial integrity, sovereignty and independence of Ukraine.

                  16.2.2015

                  148.

                  Arkady Viktorovich BAKHIN
                  Аркадий Викторович Бахин

                  Born on 8.5.1956 in Kaunas, Lithuania

                  First Deputy Minister of Defence, and in that capacity, involved in supporting the deployment of Russian troops in Ukraine.
                  According to the present Russian Ministry of Defence structure, in that capacity, he participates in shaping and implementing the policy of the Russian Government. These policies threaten the territorial integrity, sovereignty and independence of Ukraine.

                  16.2.2015

                  149.

                  Andrei Valeryevich KARTAPOLOV
                  Андрей Валерьевич Картaполов

                  Born on 9.11.1963 in DDR

                  Director of the Main Operations Department and deputy chief of the General Staff of the Armed Forces of the Russian Federation. In both capacities he is actively involved in shaping and implementing the military campaign of the Russian forces in Ukraine.
                  According to the stated activities of the general staff, by exercising operational control over the armed forces, he is actively involved in shaping and implementing the Russian government policy threatening the territorial integrity, sovereignty and independence of Ukraine.

                  16.2.2015

                  150.

                  Iosif (Joseph) Davydovich KOBZON
                  Иосиф Дaвыдович Кобзон

                  Born on 11.9.1937 in Tchassov Yar, Ukraine

                  Member of the State Duma.
                  He visited the so-called Donetsk People's Republic and during his visit made statements supporting separatists. He was also appointed Honorary Consul of the so-called ‘Donetsk People's Republic’ in the Russian Federation.
                  On 20 March 2014 he voted in favour of the draft Federal Constitutional Law ‘on the acceptance into the Russian Federation of the Republic of Crimea and the formation within the Russian Federation of new federal subjects- the republic of Crimea and the City of Federal Status Sevastopol’.

                  16.2.2015

                  151.

                  Valery Fedorovich RASHKIN
                  Валерий Фёдорович Рашкин

                  Born on 14.3.1955 in the Kaliningrad Oblast, USSR.

                  First Deputy Chairman of the State Duma Committee on Ethnicity issues.
                  He is the founder of the civil movement ‘Krassnaya Moskva- Red Moscow -Patriotic Front Aid’ which organised public demonstrations supporting separatists, thereby supporting policies which undermine the territorial integrity, sovereignty and independence of Ukraine.
                  On 20 March 2014 he voted in favour of the draft Federal Constitutional Law ‘on the acceptance into the Russian Federation of the Republic of Crimea and the formation within the Russian Federation of new federal subjects- the republic of Crimea and the City of Federal Status Sevastopol’.

                  16.2.2015

            II.   Entities

                  Name

                  Identifying information

                  Statement of reasons

                  Date of Listing

                  29.

                  Cossack National Guard
                  Казачья Национальная Гвардия

                  Armed separatist group which has actively supported actions which undermine the territorial integrity, sovereignty and independence of Ukraine and to further destabilise Ukraine.
                  Commanded by and therefore associated with a listed person Nikolay KOZITSYN.

                  16.2.2015

                  30.

                  Sparta battalion
                  Батальон ‘Спарта’

                  Armed separatist group which has actively supported actions which undermine the territorial integrity, sovereignty and independence of Ukraine and to further destabilise Ukraine.
                  Commanded by and therefore associated with a listed person Arseny PAVLOV.

                  16.2.2015

                  31.

                  Somali battalion
                  Батальон ‘Сомали’

                  Armed separatist group which has actively supported actions which undermine the territorial integrity, sovereignty and independence of Ukraine and to further destabilise Ukraine.
                  Commanded by and therefore associated with a listed person Mikhail TOLSTYKH aka Givi.

                  16.2.2015

                  32.

                  Zarya battalion
                  Батальон ‘Заря’

                  Armed separatist group which has actively supported actions which undermine the territorial integrity, sovereignty and independence of Ukraine and to further destabilise Ukraine.

                  16.2.2015

                  33.

                  Prizrak brigade
                  Бригада ‘Призрак’

                  Armed separatist which has actively supported actions which undermine the territorial integrity, sovereignty and independence of Ukraine and to further destabilise Ukraine.
                  Commanded by and therefore associated with a listed person Oleksiy MOZGOVY.

                  16.2.2015

                  34.

                  Oplot battalion
                  Батальон ‘Оплот’

                  Social media:
                  http://vk.com/oplot_info

                  Armed separatist group which has actively supported actions which undermine the territorial integrity, sovereignty and independence of Ukraine and to further destabilise Ukraine.

                  16.2.2015

                  35.

                  Kalmius battalion
                  Батальон ‘Кальмиус’

                  Armed separatist group which has actively supported actions which undermine the territorial integrity, sovereignty and independence of Ukraine and to further destabilise Ukraine.

                  16.2.2015

                  36.

                  Death battalion
                  Батальон ‘Смерть’

                  Armed separatist group which has actively supported actions which undermine the territorial integrity, sovereignty and independence of Ukraine and to further destabilise Ukraine.

                  16.2.2015

                  37.

                  Public Movement ‘NOVOROSSIYA’
                  Движение Новороссия

                  The Public Movement ‘Novorossiya’/‘New Russia’ was established in November 2014 in Russia and is headed by Russian officer Igor Strelkov (identified as a staff member of the Main Intelligence Directorate of the General Staff of the Armed Forces of the Russian Federation (GRU)).
                  According to its stated objectives, it aims at providing all-round, effective assistance to ‘Novorossiya’, including by helping militia fighting in Eastern Ukraine, thereby supporting policies undermining the territorial integrity, sovereignty and independence of Ukraine.
                  Associated with a person listed for undermining the territorial integrity of Ukraine.

                  16.2.2015