Avis juridique important

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32000D0821

2000/821/EC: Council Decision of 20 December 2000 on the implementation of a programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA Plus - Development, Distribution and Promotion) (2001-2005)

Official Journal L 336 , 30/12/2000 P. 0082 - 0091

Council Decisionof 20 December 2000on the implementation of a programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA Plus - Development, Distribution and Promotion) (2001-2005)(2000/821/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 157(3) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament,Having regard to the opinion of the Economic and Social Committee,Whereas:(1) From 6 to 8 April 1998, the Commission, in cooperation with the Presidency-in-office, held a European audiovisual conference on "Challenges and opportunities of the digital age" in Birmingham. This consultation process revealed the need for an enhanced programme of support for the European audiovisual industry, in particular in the area of the development, distribution and promotion of European audiovisual works. Moreover, in the digital age, activities in the audiovisual field also contribute towards the creation of new jobs, particularly in the production and dissemination of audiovisual content.(2) On 28 May 1998, the Council, in approving the outcome of the European Audiovisual Conference in Birmingham, highlighted the desirability of encouraging the development of a strong and competitive European audiovisual programme industry, taking particular account of Europe's cultural diversity and the specific conditions obtaining in restricted linguistic areas.(3) The Report of the High-Level Group on Audiovisual Policy of 26 October 1998 entitled "The Digital Age: European Audiovisual Policy" recognises the need to strengthen support measures for the cinematographic and audiovisual industry, in particular by endowing the MEDIA programme with resources commensurate with the size and strategic importance of the industry.(4) The challenges of production, distribution and availability of European audiovisual content were the main topics discussed at the Forum on Audiovisual Policy entitled "European content for the digital millennium", organised in Helsinki on 10 and 11 September 1999 by the Presidency-in-office in cooperation with the Commission.(5) In the communication from the Commission to the European Parliament and the Council of Ministers entitled "Audiovisual policy: Next Steps" the Commission recognises the need for increased public support, particularly at Community level, for strengthening the competitiveness of the European audiovisual industry.(6) The Green Paper on the "The Convergence of the Telecommunications, Media and Information Technology Sectors, and the Implications for Regulation" underlines the risk of a shortage of good quality content on the digital and analogue television market.(7) The Commission's public consultation on the Green Paper, highlighted the need to establish a framework to underpin the distribution and promotion of European audiovisual content for the traditional and new media in a digital environment.(8) In its conclusions of 27 September 1999 concerning the results of the public consultation on the Convergence Green Paper(1), the Council called upon the Commission to take account of these results when drawing up proposals for measures for the strengthening of the European audiovisual industry, including the multimedia industry.(9) In its Communication of 14 December 1999 on "Principles and Guidelines for the Community's Audiovisual Policy in the Digital Age", the Commission defined its priorities in the audiovisual sector for the period 2000 to 2005.(10) The Commission implemented an "Action programme to promote the development of the European audiovisual industry (MEDIA) (1991-1995)", adopted by Council Decision 90/685/EEC(2), and which comprised in particular measures designed to support the development and distribution of European audiovisual works.(11) Further to the Green Paper "Strategy options to strengthen the European programme industry in the context of the audiovisual policy of the European Union", the Commission submitted in November 1995 a proposal for a Council Decision establishing a European Guarantee Fund to promote cinema and television production(3), on which the European Parliament delivered a favourable opinion on 22 October 1996(4).(12) The Community strategy for developing and strengthening the European audiovisual industry was confirmed under the MEDIA II Programme (1996-2000), adopted by Council Decision 95/563/EC(5) and by Council Decision 95/564/EC(6). It is appropriate, on the basis of the experience acquired from the Programme, to ensure its extension, taking into account the results obtained.(13) In its report on the results obtained under the MEDIA II (1996-2000) programme, from 1 January 1996 to 30 June 1998, the Commission considers that the programme meets the principle of the subsidiarity of Community aid to national aid, since the areas in which MEDIA II intervenes complement the areas in which national support mechanisms traditionally intervene.(14) It is necessary to take cultural aspects of the audiovisual sector into account in accordance with Article 151(4) of the Treaty.(15) In accordance with the negotiating mandate given to the Commission by the Council, during the forthcoming World Trade Organisation (WTO) negotiations the Union should ensure, as in the Uruguay Round, that the Community and its Member States maintain the possibility to preserve and develop their capacity to define and implement their cultural and audiovisual policies for the purpose of preserving their cultural diversity.(16) Taking the same approach, the European Parliament, in its Resolution of 18 November 1999, recognised the European audiovisual sector's special role in sustaining cultural pluralism, a healthy economy and freedom of expression, reaffirmed its commitment to the freedom of action in the sphere of audiovisual policy obtained at the Uruguay Round, and took the view that the General Agreement on Trade in Services (GATS) rules on cultural services, in particular in the audiovisual sector, should not jeopardise the cultural diversity and autonomy of the WTO contracting parties.(17) In order to increase the added value of the Community measures, it is necessary to ensure complementarity between the measures taken at Community level and national forms of support.(18) It is necessary to establish consistency between this Decision and the action of the Commission on national measures to support the audiovisual sector, especially in the interests of preserving cultural diversity in Europe, by enabling national policies to develop adequately the potential for production in Member States. In addition, Community support can be combined with any public support.(19) The emergence of a European audiovisual market necessitates the development and production of European works, i.e. works originating in the Member States as well as works originating in European third countries participating in the MEDIA Plus programme or having a cooperation framework satisfying the conditions set out in Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities(7).(20) In the next few years the digital revolution will mean that European audiovisual works will become more easily accessible thanks to new ways of transporting audiovisual content, and will become more widely available outside their country of origin.(21) The competitiveness of the audiovisual programme industry depends on the use of new technologies at the programme development, production and distribution stages. It is therefore appropriate to ensure suitable and effective coordination with the measures undertaken in the field of new technologies, in particular the Fifth Framework Programme of the European Community for research, technological development and demonstration activities (1998-2002), as adopted by Decision No 182/1999/EC of the European Parliament and of the Council(8), the future Sixth Framework Programme, and new opportunities for multilingual production, in order to make for consistency with the measures to be undertaken under those programmes, focusing in particular on the needs and potential of small and medium-sized enterprises (SMEs) operating on the audiovisual market.(22) In order to support European audiovisual projects, the Commission will examine the possibility of additional funding under other Community instruments, notably in the framework of "e-Europe" and the initiatives resulting from the Lisbon European Council conclusions, such as the European Investment Bank (EIB), the European Investment Fund (EIF) and the research framework programmes. The professionals in the audiovisual sector should be informed of the various support arrangements available to them within the framework of the European Union.(23) In accordance with the conclusions of the Lisbon European Council, the Council and Commission are to report by the end of 2000 on the ongoing review of EIB and EIF financial instruments in order to redirect funding towards business start-ups, high-tech firms and micro-enterprises, as well as other risk capital initiatives and guarantee arrangements proposed by the EIB and the EIF. In this connection, particular attention should be paid to the audiovisual industry, in order to improve its access to capital markets and increase its competitiveness.(24) In its report to the European Council, entitled "Job Opportunities in the Information Society", the Commission referred to the major job-creation potential provided by the new audiovisual services.(25) In its Communication on Community policies in support of employment, the Commission recognised the MEDIA II Programme's positive impact on employment in the audiovisual sector.(26) It is appropriate therefore to facilitate the development of investment in the European audiovisual industry and to call on the Member States to encourage job-creation in that industry by various means.(27) The MEDIA Plus programme should allow the establishment of an environment conducive to entrepreneurial skills and investment, so as to guarantee a place for the European audiovisual sector in the global economy and the effective promotion of cultural diversity.(28) The contribution that SMEs can make to the development of the audiovisual sector should be turned to good account.(29) There is a need to improve the conditions for distributing and promoting European cinematographic works on the European and international markets. Cooperation between international and national distributors, cinema owners and producers should be encouraged; networking by distributors, in particular SMEs, should also be encouraged, and support should be given to concerted action to promote common programming measures at European level.(30) There is a need to improve the television broadcasting prospects of European works on the European and international markets. Given the leading role which television channels can play in disseminating European works and the inadequate time they currently devote to such works in their scheduling, it is important that European broadcasters (as defined in Article 2 of Directive 89/552/EEC), encourage the European transmission of programmes by purchasing works produced in other Member States.(31) There is a need to facilitate market access for independent European production and distribution companies, and to promote both European works and European companies in the audiovisual sector.(32) Public access to the European audiovisual heritage should be improved, in particular through its digitisation and networking at European level.(33) European content holders should be encouraged to digitise and network their catalogues, including their archives and cinematographic heritage.(34) Support for development, distribution and promotion should take account of structural objectives, such as developing potential in countries or regions with a low audiovisual production capacity and/or a restricted linguistic or geographical area, and/or the development of an independent European production sector, in particular SMEs.(35) The associated countries of Central and Eastern Europe, as well as Cyprus, Malta, Turkey and those EFTA countries which are parties to the EEA Agreement are recognised as potential participants in Community programmes on the basis of supplementary appropriations and in accordance with the procedures to be agreed with those countries.(36) The other countries of Europe which are parties to the European Convention on Transfrontier Television are an integral part of the European audiovisual area and should therefore be enabled to participate in this Programme on the basis of supplementary appropriations, in accordance with the procedures to be established in the agreements between the interested parties. Those countries should be able, if they wish, and regard being had to budgetary considerations or the priorities of their audiovisual industries, to participate in the programme and to benefit under a more limited cooperation formula, on the basis of supplementary appropriations and specific arrangements to be agreed between the interested parties.(37) The opening-up of the Programme to European third countries is subject to prior examination of the compatibility of their national legislation with the Community acquis, in particular with Council Directive 89/552/EEC.(38) Cooperation with non-European third countries, developed on the basis of mutual and balanced interests, may enable the European audiovisual industry to derive an added value in terms of the promotion, market access, distribution, dissemination and exploitation of European works in those countries. The inclusion of third countries will increase awareness of the cultural diversity of Europe and promote the spread of common democratic values. Such cooperation should be developed on the basis of supplementary appropriations and specific arrangements to be established in the agreements between the interested parties.(39) A financial reference amount, within the meaning of point 34 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(9) is included in this Decision for the entire duration of the programme, without prejudice to the powers of the budgetary authority as defined by the Treaty.(40) 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(10),HAS DECIDED AS FOLLOWS:Article 1Establishment and objectives of the Programme1. A programme, (hereinafter referred to as "the Programme"), is hereby established to encourage the development, distribution and promotion of European audiovisual works within and outside the Community, to run from 1 January 2001 to 31 December 2005, for the purpose of strengthening the European audiovisual industry.2. The objectives of the Programme shall be as follows:(a) an improvement in the competitiveness of the European audiovisual sector - including small and medium-sized enterprises - on the European and international markets, by supporting the development, distribution and promotion of European audiovisual works, taking account of the development of new technologies;(b) strengthening the sectors which help improve the transnational movement of European works;(c) respect for and promotion of linguistic and cultural diversity in Europe;(d) enhancing the European audiovisual heritage, in particular by digitisation and networking;(e) development of the audiovisual sector in countries or regions with a low audiovisual production capacity and/or a restricted linguistic or geographical area and strengthening networking and transnational cooperation between small and medium-sized enterprises;(f) the dissemination of new types of audiovisual content using new technologies.Those objectives shall be realised in accordance with the detailed arrangements set out in the Annex.Article 2Specific objectives of the Programme in the development fieldIn the development field, the specific objectives of the Programme shall be as follows:(a) to promote, by providing financial support, the development of production projects (dramas for cinema or television, creative documentaries, animated films for television or cinema, works exploiting the audiovisual and cinematographic heritage) submitted by independent enterprises, in particular small and medium-sized, and aimed at the European and international markets;(b) to promote, by providing financial support, the development of production projects that make use of new creation, production and dissemination technologies.Article 3Specific objectives of the Programme in the fields of distribution and disseminationIn the fields of distribution and dissemination, the specific objectives of the Programme shall be as follows:(a) to strengthen the European distribution sector in the field of cinema by encouraging distributors to invest in the production, acquisition, marketing and promotion of distribution rights and promotion of non-domestic European cinema films;(b) to foster the wider transnational dissemination of non-domestic European films, on the European and international markets, through initiatives to stimulate their distribution and their screening in cinemas, inter alia by encouraging coordinated marketing strategies;(c) to strengthen the distribution sector for European works on media intended for private use, by encouraging distributors to invest in digital technology and in the promotion of non-domestic European works;(d) to promote the movement, in the Community and outside it, of European television programmes produced by independent companies by encouraging cooperation between broadcasters, on one hand, and independent European distributors and producers, on the other hand;(e) to encourage the creation of catalogues of European works in digital format intended for exploitation on new media;(f) to support the linguistic diversity of European audiovisual and cinematographic works.Article 4Specific objectives of the Programme in the field of promotion and market accessIn the field of promotion and market access, the Programme shall aim to:(a) facilitate and encourage the promotion and movement of European audiovisual and cinematographic works at trade shows, fairs and audiovisual festivals in Europe and around the globe, insofar as such events may play an important role in the promotion of European works and the networking of professionals;(b) encourage the networking of European operators, by supporting joint activities on the European and international markets by national public or private promotion bodies.Article 5Financial provisions1. Beneficiaries of Community support shall provide a substantial proportion of funding, which may include any other public funding. Community funding shall not exceed 50 % of the cost of operations. However, in the cases expressly provided for in the Annex, this proportion may reach as much as 60 % of the cost of operations.2. The financial reference amount for implementation of the Programme for the period referred to in Article 1(1) shall be EUR 350 million. An indicative breakdown of that amount by sector is set out in section 1.5 of the Annex. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.3. Without prejudice to the agreements and conventions to which the Community is a contracting party, undertakings benefiting from the Programme must be owned and continue to be owned, whether directly or by majority participation, by Member States and/or by nationals of Member States.Article 6Financial supportFinancial support under the Programme may be granted in the form of conditionally repayable advances, or subsidies, as defined in the Annex. The repayments under the Programme, together with the repayments from operations carried out under the MEDIA programme (1991-1995) and MEDIA II programme (1996-2000), shall be allocated to the requirements of the MEDIA Plus Programme.Article 7Implementation of this Decision1. The measures necessary for the implementation of this Decision concerning the matters referred to below shall be adopted in accordance with the management procedure referred to in Article 8(2):(a) the general guidelines for all the measures described in the Annex;(b) the content of the calls for proposals, the definition of the criteria and the procedures for the selection of projects;(c) questions concerning the annual internal breakdown of the Programme resources, including the breakdown between measures in the development, promotion and distribution sectors;(d) the arrangements for monitoring and assessing actions;(e) any proposal for the allocation of Community funds in excess of EUR 200000 in the case of development, or EUR 300000 in the case of distribution and EUR 200000 per beneficiary and per year in the case of promotion. These thresholds may be reviewed by the Committee in the light of experience;(f) the choice of pilot projects provided for in Article 10.2. The measures necessary for the implementation of this Decision concerning all the other matters shall be adopted in accordance with the advisory procedure referred to in Article 8(3). This procedure shall also apply to the final choice of technical assistance offices.3. Technical assistance shall be governed by the provisions adopted pursuant to the Financial Regulation.4. The Commission shall give the European Parliament and the Council regular and timely notice of the implementation of this Decision, in particular the use of the available resources.Article 8Committee procedure1. The Commission shall be assisted by a committee.2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply.4. The committee shall adopt its rules of procedure.Article 9Consistency and complementarity1. When implementing the Programme, the Commission shall, in close cooperation with the Member States, ensure general consistency and complementarity with other Community policies, programmes and actions that impinge upon the audiovisual field.2. The Commission shall ensure that there is effective liaison between this Programme and programmes and actions in the audiovisual field being carried out under Community cooperation with non-member countries and the relevant international organisations.Article 10Pilot projects1. Pilot projects shall be implemented throughout the duration of the Programme aimed at improving access to European audiovisual content and at taking advantage of opportunities arising from the development and introduction of new and innovative technologies, including digitisation and new methods of dissemination.2. In selecting the pilot projects to be implemented, the Commission shall be advised by technical consultation groups composed of experts designated by the Member States. The list of potential projects shall be submitted to the Committee regularly in accordance with the procedure laid down in Article 8(2).Article 11Opening of the Programme to non-member countries1. The Programme shall be open to the participation of the associated countries of Central and Eastern Europe in accordance with the conditions laid down in the association agreements or their additional protocols relating to participation in Community programmes concluded or to be concluded with those countries.2. The Programme shall be open to the participation of Cyprus, Malta, Turkey and those EFTA countries which are members of the EEA Agreement, on the basis of supplementary appropriations, in accordance with the procedures to be agreed with those countries.3. The Programme shall be open to the participation of the countries which are parties to the Council of Europe Convention on Transfrontier Television other than those referred to in paragraphs 1 and 2, on the basis of supplementary appropriations, in accordance with conditions to be established in the agreements between the interested parties.4. The opening-up of the Programme to the European third countries referred to in paragraphs 1, 2 and 3 shall be subject to prior examination as to the compatibility of their national legislation with the Community acquis, including the second subparagraph of Article 6(1) of Directive 89/552/EEC.5. The Programme shall also be open to cooperation with other third countries on the basis of supplementary appropriations and the specific arrangements, including cost sharing under agreed procedures, to be established in agreements between the interested parties. The European third countries referred to in paragraph 3 which do not wish to participate fully in the Programme may be eligible for cooperation with the Programme under the conditions set out in this paragraph.Article 12Monitoring and evaluation1. The Commission shall guarantee that measures taken under this Decision are subject to prior appraisal, and to subsequent monitoring and evaluation. It shall ensure the accessibility of the programme and the transparency of its implementation.2. After the completion of the projects, the Commission shall evaluate the manner in which they have been carried out and the impact of their implementation, in order to assess whether the original objectives have been achieved.3. After two years' implementation, the Commission shall, after bringing the matter before the Media Committee, present to the European Parliament, the Council and the Economic and Social Committee an evaluation report on the impact and effectiveness of the Programme on the basis of the results obtained. This report shall be accompanied, if need be, by any proposals for adjustments.4. On completion of the Programme the Commission shall submit to the European Parliament, the Council and the Economic and Social Committee a detailed report on the implementation and results of the Programme.Article 13Entry into forceThis Decision shall take effect on 1 January 2001.Done at Brussels, 20 December 2000.For the CouncilThe PresidentÉ. Guigou(1) OJ C 283, 6.10.1999, p. 1.(2) OJ L 380, 31.12.1990, p. 37.(3) OJ C 41, 13.2.1996, p. 8.(4) OJ C 347, 18.11.1996, p. 33.(5) OJ L 321, 30.12.1995, p. 25.(6) OJ L 321, 30.12.1995, p. 33.(7) OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30.7.1997, p. 60).(8) OJ L 26, 1.2.1999, p. 1.(9) OJ C 172, 18.6.1999, p. 1.(10) OJ L 184, 17.7.1999, p. 23.ANNEX1. MEASURES TO BE IMPLEMENTED1.1 In the development of audiovisual works sectorIn order to respond to business strategies reflecting the diversity of production structures and of projects, the Programme measures aim to provide financial assistance for enterprises in the audiovisual sector submitting:(a) proposals for developing project packages for companies with a larger investment capacity, or(b) proposals for developing project packages for companies with a smaller investment capacity, or(c) proposals for developing audiovisual works presented project by project.The selection criteria will take account chiefly of the European and international nature of the projects, in particular of their:- production potential;- potential for transnational exploitation, and the marketing and distribution strategies envisaged;- quality and originality.Support for development will be granted on terms that require, once a project enters the production phase, the support for the project to be reinvested in the development of new production projects.The contribution will generally be limited to 50 % of project costs but may be raised to 60 % for projects which contribute to the enhancement of European linguistic and cultural diversity.In the report provided for in Article 12, the Commission will evaluate the comparative results of the systems referred to in this Annex with regard to the programme objectives. It will submit to the Committee, in accordance with the procedure laid down in Article 8(2), appropriate proposals for the implementing rules for the rest of the Programme.1.2 In the distribution and dissemination sector1.2.1 Cinema distribution:The following lines of action will be implemented in order to achieve the objectives outlined in Article 3:(a) a support scheme in the form of a conditionally reimbursable advance for distributors of European cinematographic works outside their production territory. The aim of this scheme is to:- encourage the networking of European distributors in conjunction with international producers and distributors, in order to promote joint strategies for the European market;- encourage distributors in particular to invest in promotion and adequate distribution for European films;- support the multilingual aspects of European film-making (dubbing, subtitling, multilingual production and international sound tracking). That part of the support intended to finance the linguistic diversity of works will take the form of a subsidy.The criteria for selecting beneficiaries may include provisions to distinguish between projects according to their budget category. Special attention will be given to films that enhance European linguistic and cultural diversity.(b) a system of "automatic" support for European distributors proportional to the number of seats sold for non-domestic European films in States participating in the Programme, up to a fixed ceiling per film and adjusted for each country. The support thus generated may be used by distributors only for investment in the following:- the coproduction of non-domestic European films;- the acquisition of the screening rights, for example by means of minimum guarantees, of non-domestic European films;- editing costs (copying, dubbing and subtitling), promotion costs and publicity costs for non-domestic European films.Reinvestment arrangements will generally be limited to 50 % of project costs, but may be raised to 60 %, particularly for investment in the production stage and in films that are of interest in enhancing European linguistic and cultural diversity.(c) a system to assist European companies specialising in the international distribution of cinema films (sales agents) according to their performance on the market over a reference period of at least one year. This type of assistance may be used by sales agents for investment in acquisition (minimum guarantees) and in costs arising from the promotion of new European works on the European and international markets.(d) appropriate assistance to encourage operators to screen a significant proportion of non-domestic European films in première cinemas for a minimum screening period. The support shall be made conditional on showing a minimum number of European films. The level of support may take account of the number of admission tickets sold for non-domestic European films during a reference period up to a fixed ceiling.Support may also be granted for the creation and consolidation of networks of European operators running joint schemes to encourage such scheduling.Support may be used for the development of educational activities and for raising awareness amongst young cinema-goers.As far as possible, support for cinemas and networks will encourage a balanced geographical distribution.1.2.2 Distribution of European works off-lineThis is understood to mean the distribution of European works on media intended for private use.Automatic support: a system of automatic support for editors and distributors of European cinematographic and audiovisual works, excluding games, on media intended for private use (e.g. videocassettes and DVD) according to market performance over a reference period of at least one year. The evaluation of that performance may take account of the specific features of different national markets through appropriate weightings. The support granted may be used by distributors only for investment in the following:(a) the costs of editing and distributing new non-domestic European works in digital form; or(b) the costs of promoting new non-domestic European works in non-digital format.This system is designed to:(a) encourage the use of new technologies in the production of European works intended for private use (production of a digital master for use by all European distributors);(b) encourage distributors in particular to invest in the promotion and adequate distribution of non-domestic European films and audiovisual works;(c) support the linguistic diversity of European productions (dubbing, subtitling and multilingual production).1.2.3 Television broadcasting:Encourage independent producers to produce works (fiction, documentaries and animated films) involving no less than two broadcasters, and preferably more, in several States participating or cooperating on the programme, belonging to different language zones.The criteria for selecting beneficiaries may include provisions that distinguish between projects by budget category and type. Special attention will be given to audiovisual works that are of interest in enhancing European heritage and linguistic and cultural diversity.That part of the support which is intended to finance the linguistic diversity of works (including production of the sound track - music and effects) will take the form of a subsidy.1.2.4 Distribution of European works on-line.This is taken to mean the distribution of European works on-line via advanced distribution services and new media (e.g. Internet, video-on-demand). The aim is to encourage the European audiovisual industry to adapt to the development of digital technology, particularly as regards advanced on-line distribution services.Introduction of incentives to digitise works and create promotional and publicity material in digital form, so encouraging European companies (suppliers of on-line access, special-interest channels, etc.) to create catalogues of European works in digital format for exploitation via new media.1.3 Promotion1.3.1 In the field of promotion and access to professional markets:The programme measures aim to:(a) improve the conditions governing access by professionals to trade shows and professional audiovisual markets within and outside Europe and via specific technical and financial support schemes as part of events such as:- the main European and international cinema markets;- the main European and international television markets;- special-interest markets, particularly for animated films, documentaries, multimedia and new technologies;(b) encourage the creation of a database and/or a network of databases on catalogues of European programmes, intended for professionals;(c) whenever possible, encourage support to promote cinematographic works, as from the production phase of the work in question.To this end, the Commission is encouraging the networking of operators at European level, notably by supporting joint initiatives involving public or private national promotional bodies.Support will generally be limited to 50 % of project costs but may be raised to 60 % for projects that enhance European linguistic and cultural diversity.1.3.2 In the field of festivals:The programme measures aim to:(a) support audiovisual festivals realised in partnership that screen a significant proportion of European works;(b) encourage cooperative projects with a European dimension involving audiovisual events from at least eight States participating or cooperating in the programme, with a common action plan to promote European audiovisual works and their movement.Particular attention will be paid to festivals which help to promote works from Member States or regions with a low audiovisual production capacity and works by young European directors, and which establish an active policy for promoting and encouraging the distribution of the European works featured.Priority will be given to projects from networks which encourage lasting cooperation between events.Support will generally be limited to 50 % of project costs but may be raised to 60 % for projects that contribute to the enhancement of European linguistic and cultural diversity.1.3.3 Activities to promote European films and audiovisual Programmes:To encourage professionals, in close association with the Member States, to organise activities to promote European cinema and audiovisual productions intended for the general public.1.4 Pilot projectsPilot projects, the objectives of which are defined in Article 10, may focus, inter alia, on the following areas, with a view to the enhancement, networking and promotion of:(a) cinematographic heritage;(b) European audiovisual programme archives;(c) catalogues of European audiovisual works;(d) digital dissemination of European content through, for instance, advanced distribution services.The pilot projects will give rise to exchanges of experience; their results will be publicised widely in order to encourage the dissemination of best practices.Once the programme has been implemented for two years, the Commission will verify the results of the pilot projects and propose adjustments to the programme.1.5 Breakdown of resourcesThe funds available will be broken down according to the following guidelines:>TABLE>All the percentage figures are indicative and are subject to changes by the Committee provided for in Article 8, in accordance with the procedure referred to in Article 8(2).2 IMPLEMENTATION PROCEDURE2.1 ApproachIn implementing the Programme, the Commission will ensure compliance with the objectives set out in Article 1(2).In implementing the Programme, the Commission, assisted by the Committee provided for in Article 8, will work closely with the Member States. It will also consult the partners concerned and ensure that the participation of professionals in the Programme reflects European cultural diversity.2.2 Funding2.2.1 Community contributionCommunity funding will not exceed 50 % of the final cost of the measures (other than in the cases expressly provided for in this Annex, where a ceiling of 60 % applies) and will be granted in the form of conditionally reimbursable advances or subsidies. Only costs directly linked to execution of the measure receiving support will be eligible, even if the costs are defrayed in part by the beneficiary before the selection procedure. For multilingual support, the Community contribution will be in the form of subsidies.2.2.2 Prior appraisal, monitoring and subsequent evaluationPrior to approving a request for Community support, the Commission will carefully evaluate it to check that it complies with this Decision and with the conditions set out in subsections 2 and 3 of this section of the Annex.Requests for Community support must include the following:(a) a financial plan setting out all the project funding components, including the financial support requested from the Commission;(b) a provisional work timetable;(c) any other relevant information required by the Commission.2.2.3 Financial provisions and controlThe Commission will set out the rules on commitments and payments for the measures undertaken pursuant to this Decision, in compliance with the appropriate provisions of the financial regulations.It will particularly ensure that the administrative and financial procedures used are geared to the objectives pursued and to the practice and interests of the audiovisual industry.2.3 Implementation2.3.1 The Commission will implement the Programme. It may, to this end, call upon independent consultants and technical assistance offices to be selected, after a call for tenders, on the basis of their expertise in the sector, experience acquired in the MEDIA II programme, or other experience acquired in this area. The technical assistance will be financed by the Programme's budget. The Commission may also conclude, in accordance with the procedure referred to in Article 8(2), partnerships for operations with specialist bodies, including those which have been set up under other European initiatives such as Audiovisual Eureka, EURIMAGES and the European Audiovisual Observatory in order to implement joint measures that meet the Programme objectives in the field of promotion.The Commission will make the final selection of the beneficiaries of the Programme and decide on the financial support to be granted, in accordance with Article 8, on the basis of preparatory work conducted by the technical assistance offices. It will give grounds for its decisions to applicants for Community support and ensure the transparency of implementation of the programme.In order to execute the Programme and, in particular, evaluate the projects benefiting from Programme funding and networking activities, the Commission will draw on recognised, independent audiovisual experts in the fields of development, production, distribution and promotion, who are, where necessary, proficient in the area of the management of rights, especially in the new digital environment.2.3.2 The Commission will take the necessary steps to provide information on the opportunities offered by the Programme, and will ensure its promotion. The Commission will also provide via the Internet comprehensive information concerning the support arrangements available under the European Union's policies which are of relevance to the audiovisual sector.In particular, the Commission and the Member States will take the necessary steps, by continuing with the activities of the network of MEDIA Desks and Antennae and ensuring that their professional skills are enhanced, in order to:(a) inform professionals in the audiovisual sector of the various support arrangements available under European Union policies;(b) publicise and promote the Programme;(c) encourage maximum participation in the Programme's activities by professionals;(d) assist professionals with the presentation of projects in response to calls for proposals;(e) foster transborder cooperation between professionals;(f) liaise between the various support bodies in the Member States with a view to ensuring that Programme activities complement national support measures.


title: 86/630/EEC: Council Decision of 8 December 1986 concluding an Additional Protocol to the Agreement between the European Economic Community and the Republic of Guatemala on trade in textile products consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community

text:
27 . 12 . 86                            Official Journal of the European Communities                                  No L 366 / 13
                                                      COUNCIL DECISION
                                                       of 8 December 1986
                  concluding an Additional Protocol to the Agreement between the European Economic
                  Community and the Republic of Guatemala on trade in textile products consequent on the
                      accession of the Kingdom of Spain and the Portuguese Republic to the Community
                                                          ( 86 / 630 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               Guatemala on trade in textile products consequent on the
                                                                        accession of the Kingdom of Spain and the Portuguese
Having regard to the Treaty establishing the European                   Republic to the Community is hereby approved on behalf of
Economic Community , and in particular Article 113                      the Community .
thereof,
                                                                        The text of the Protocol is attached to this Decision .
Having     regard   to   the   recommendation      from     the
Commission ,
Whereas it is necessary to approve the Additional Protocol to                                     Article 2
the Agreement between the European Economic Community
and the Republic of Guatemala on trade in textile products to           The President of the Council shall give the notification
take account of the accession to the Community of the                   provided for in Article 4 of the Additional Protocol .
Kingdom of Spain and the Portuguese Republic ,
HAS DECIDED AS FOLLOWS :
                                                                        Done at Brussels , 8 December 1986 .
                           Article 1                                                                                For the Council
                                                                                The President
The Additional Protocol to the Agreement between the
European Economic Community and the Republic of                                                                       N. LAWSON


Avis juridique important

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32002D2045

Decision No 2045/2002/EC of the European Parliament and of the Council of 21 October 2002 amending Decision No 1720/1999/EC adopting a series of actions and measures in order to ensure interoperability of and access to trans-European networks for the electronic interchange of data between administrations (IDA)

Official Journal L 316 , 20/11/2002 P. 0001 - 0003

Decision No 2045/2002/EC of the European Parliament and of the Councilof 21 October 2002amending Decision No 1720/1999/EC adopting a series of actions and measures in order to ensure interoperability of and access to trans-European networks for the electronic interchange of data between administrations (IDA)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 156 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),After consulting the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) The objective of Decision No 1720/1999/EC of the European Parliament and of the Council(4) is for the Community to achieve a high degree of interoperability between the trans-European telematic networks established between the Member States and the Community institutions in order to support the establishment of economic and monetary union and the implementation of Community policies, as well as to achieve substantial benefits for Member State administrations and the Community by streamlining operations and speeding up implementation of new networks and enhancements.(2) The benefits of trans-European telematic networks for administrations should be extended to citizens and enterprises of the Community, notably in those areas where this contributes to the objectives of the eEurope initiative and related action plan, in particular the chapter on Government online.(3) Due account should be taken of the recommendations contained in the Declaration issued at the Ministerial Conference on eGovernment "From Policy to Practice" held in Brussels on 29 and 30 November 2001, as well as the conclusions of the Conference "eGovernment in the service of European citizens and enterprises - what is required at the European level", organised jointly by the Presidency of the Council and the Commission (IDA) in Stockholm/Sandhamn on 13 and 14 June 2001.(4) Regarding the spread of best practice, conferences, workshops and other types of events should be organised in order to ensure general awareness of the achievements and benefits of the IDA projects and actions and encourage a broad discussion on the future direction and priorities of the IDA programme.(5) For the implementation of the Community Actions set out in Articles 3 to 10 of Decision No 1720/1999/EC it should be clarified that proposals for any budgetary increase of more than EUR 250000 per project line within a year are subject to the procedure referred to in that Decision.(6) Following the interest expressed by Malta and Turkey, the IDA programme may be opened to participation by these countries in the horizontal actions and measures under Decision No 1720/1999/EC. Before the IDA programme has been opened up for full participation to all candidate countries, the possibility for these countries to use at their own cost IDA generic services in order to implement a Community policy should be facilitated. This possibility should also be afforded to other non-member countries, under the same conditions.(7) With a view to creating more flexibility in the annual budget allocation, a financial reference amount for the implementation of the Community action under Decision No 1720/1999/EC for the period 2002-2004 should be introduced, with the annual appropriations being authorised by the budgetary authority within the limit of the financial perspective.(8) 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(5).(9) Decision No 1720/1999/EC should be amended accordingly,HAVE DECIDED AS FOLLOWS:Article 1Decision No 1720/1999/EC is hereby amended as follows:1. In Article 1(1):(a) point (d) shall be replaced by the following:"(d) the extension of the benefits of such networks, as mentioned in point (c), to Community industry and citizens of the European Union, notably in those areas where this contributes to the objectives of the eEurope initiative and related action plan, in particular the chapter on Government online;"(b) the following point shall be added:"(f) where appropriate, the identification and deployment of pan-European electronic government services for citizens and enterprises and other relevant electronic government services to be used in line with the priorities laid down in Article 4 of Decision No 1719/1999/EC of the European Parliament and of the Council of 12 July 1999 on a series of guidelines, including the identification of projects of common interest, for trans-European networks for the electronic interchange of data between administrations (IDA)(6)."2. The following paragraph shall be inserted in Article 3:"1a. Where appropriate, in order to be able to identify the horizontal actions and measures to be undertaken, the Community shall establish a description of an infrastructure, which shall serve as a platform for the development of projects of common interest, as well as other sectoral networks, referred to in Decision 1719/1999/EC.The described infrastructure shall comprise a framework of interoperability for networks, services, security, applications, contents and other relevant elements. It may also include aspects such as the required management, organisation, responsibilities and cost-sharing. The description shall also encompass a strategy to be used in the development and implementation of the infrastructure. The description shall be reviewed on a yearly basis."3. The following paragraph shall be added to Article 10:"3. The Community shall organise conferences, workshops and other types of events in order to ensure general awareness of the achievements and benefits of the IDA projects and actions and encourage a broad discussion on the future direction and priorities of the IDA programme."4. Article 11(2), (3) and (4) shall be replaced by the following:"2. The section of the IDA work programme concerning the implementation of this Decision, which the Commission shall draw up for its entire duration and which shall be reviewed at least twice a year, shall be approved, on the basis of its compliance with the relevant provisions of Articles 3 to 10, in accordance with the procedure referred to in Article 12(2).3. The common rules and procedures for bringing about technical and administrative interoperability shall be adopted in accordance with the procedure referred to in Article 12(2).4. The procedure referred to in Article 12(2) shall also apply in respect of the approval of the breakdown of the yearly budgetary expenditure under this Decision. Proposals for any budgetary increase of more than EUR 250000 per project line within a year shall also be subject to that procedure."5. Article 12 shall be replaced by the following:"Article 12Committee1. The Commission shall be assisted by a committee called the Telematics between Administrations Committee (TAC), composed of representatives of the Member States and chaired by the representative of the Commission.2. Where reference is made to this paragraph, Articles 4 and 7 of Council Decision 1999/468/EC(7) shall apply, having regard to Article 8 thereof.The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.3. The TAC shall adopt its rules of procedure.4. The Commission shall report annually to the TAC on the implementation of this Decision."6. Article 14 shall be replaced by the following:"Article 14Extension to the EEA and associated countries1. The IDA programme may be opened, within the framework of their respective agreements with the European Community, to participation by the countries of the European Economic Area and the associated countries of central and eastern Europe, Cyprus, Malta and Turkey in the horizontal actions and measures under this Decision.2. In the course of implementing this Decision, cooperation with non-member countries and with international organisations or bodies, as appropriate, shall be encouraged.3. Before the IDA programme has been opened up for their full participation, the associated countries of central and eastern Europe, Cyprus, Malta and Turkey may, at their own cost, use IDA generic services, in order to implement a Community policy.4. Other non-member countries may also, at their own cost, use IDA generic services in order to implement a Community policy."7. Article 15 shall be replaced by the following:"Article 15Financial reference amount1. The financial reference amount for the implementation of the Community action under this Decision for the period 2002-2004 shall be EUR 34,2 million.2. The annual appropriations shall be authorised by the budgetary authority within the limit of the financial perspective."Article 2This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.Done at Brussels, 21 October 2002.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentP. S. Møller(1) OJ C 332 E, 27.11.2001, p. 290.(2) OJ C 80, 3.4.2002, p. 21.(3) Opinion of the European Parliament of 11 June 2002 (not yet published in the Official Journal) and Decision of the Council of 23 September 2002.(4) OJ L 203, 3.8.1999, p. 9.(5) OJ L 184, 17.7.1999, p. 23.(6) OJ L 203, 3.8.1999, p. 1.(7) OJ L 184, 17.7.1999, p. 23.


title: 2009/575/EC,Euratom: Council Decision of 27 July 2009 appointing one Romanian member of the European Economic and Social Committee

text:
               30.7.2009

               EN

               Official Journal of the European Union

               L 198/54

      COUNCIL DECISION

   of 27 July 2009
   appointing one Romanian member of the European Economic and Social Committee
   (2009/575/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,
   Having regard to Decision 2007/3/EC, Euratom (1),
   Having regard to the proposal of the Romanian Government,
   Having regard to the opinion of the Commission,
   Whereas a member’s seat on the European Economic and Social Committee has become vacant following the resignation of Mr Marius PETCU,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Sorin Cristian STAN, Employees Group (Group II), is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2010.
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 27 July 2009.

            For the Council

            The President

         C. BILDT

      (1)  OJ L 1, 4.1.2007, p. 6.


Avis juridique important

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31995D0568

95/568/EC: Council Decision of 18 December 1995 concerning the conclusion of an Agreement between the European Community and the Republic of Colombia on precursors and chemical substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances

Official Journal L 324 , 30/12/1995 P. 0010 - 0010

COUNCIL DECISIONof 18 December 1995concerning the conclusion of an Agreement between the  European Community and the Republic of Colombia on precursors and chemical substances frequently  used in the illicit manufacture of narcotic drugs or psychotropic substances(95/568/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 113  thereof, in conjunction with the first sentence of Article 228 (2), and Article 228 (4) thereof, Having regard to the recommendation from the Commission, Whereas, on 25 September 1995, the Council authorized the Commission to negotiate, on behalf of the  Community, agreements on the control of precursors and chemical substances with the Member States  of the Organization of American States, and as a priority with the Member Countries of the  Cartagena Agreement; whereas the Commission, on the basis of this authorization, completed  negotiations with the Republic of Colombia on 13 November 1995; Whereas it is appropriate that the Agreement between the European Community and the Republic of  Colombia on precursors and chemical substances frequently used in the illicit manufacture of  narcotic drugs or psychotropic substances should be approved; Whereas it is appropriate that the Council authorize the Commission, in consultation with a special  committee appointed by the Council, to approve modifications on behalf of the Community where the  Agreement provides for them to be adopted by the Joint Follow-Up Group; whereas, such authorization  must be limited to the modification of the Annexes of the Agreement in so far as it concerns  substances already covered by Community legislation on precursors and chemical substances, HAS DECIDED AS FOLLOWS: Article 1 The Agreement between the European Community and the Republic of  Colombia on precursors and chemical substances frequently used in the illicit manufacture of  narcotic drugs or psychotropic substances is 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. Article 3 The President of the Council shall, on behalf of the Community, deposit the instrument  provided for in Article 12 of the Agreement (1). Article 4 1. The Community shall be represented in the Joint Follow-Up Group provided for in  Article 9 of the Agreement by the Commission, assisted by the representatives of the Member  States. 2. The Commission is authorized to approve, on behalf of the Community, modifications to the  Annexes to the Agreement adopted by the Joint Follow-Up Group by the procedure laid down in Article  10 of the Agreement. The Commission shall be assisted in this task by a special committee designated by the Council and  charged with establishing a common position. 3. The authorization referred to in paragraph 2 shall be limited to those substances which are  already covered by the relevant Community legislation on drugs precursors and chemical substances. Article 5 This Decision shall be published in the Official Journal of the European Communities. Done at Brussels, 18 December 1995. For the CouncilThe PresidentJ. BORRELL FONTELLES(1) The date of entry into  force of the Agreement will be published in the Official Journal of the European Communities by the  General Secretariat of the Council.


title: 2012/621/EU: Decision of the European Parliament of 10 May 2012 on the closure of the accounts of the European Food Safety Authority for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/376

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on the closure of the accounts of the European Food Safety Authority for the financial year 2010
   (2012/621/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Food Safety Authority for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Food Safety Authority for the financial year 2010, together with the Authority’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

               —

               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 (EC) No 178/2002 of the European Parliament and of the Council (3) establishing a European Food Safety Authority, and in particular Article 44 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 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 the Environment, Public Health and Food Safety (A7-0106/2012),

               1.

               Postpones the closure of the accounts of the European Food Safety Authority for the financial year 2010;

               2.

               Instructs its President to forward this Decision to the Executive Director of the European Food Safety 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 366, 15.12.2011, p. 106.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 31, 1.2.2002, p. 1.

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


title: 2013/582/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the European Institute of Innovation and Technology for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/248

      DECISION OF THE EUROPEAN PARLIAMENT

   of 17 April 2013
   on discharge in respect of the implementation of the budget of the European Institute of Innovation and Technology for the financial year 2011
   (2013/582/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Institute of Innovation and Technology for the financial year 2011,

               —

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

               —

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

               —

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

               —

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

               —

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

               —

               having regard to Regulation (EC) No 294/2008 of the European Parliament and of the Council of 11 March 2008 establishing the European Institute of Innovation and Technology (4), and in particular Article 21 thereof,

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A7-0108/2013),

               1.

               Grants the Director of the European Institute of Innovation and Technology discharge in respect of the implementation of the Institute’s budget for the financial year 2011;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 110.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 97, 9.4.2008, p. 1.

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

         RESOLUTION OF THE EUROPEAN PARLIAMENT

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

                  —

                  having regard to the final annual accounts of the European Institute of Innovation and Technology for the financial year 2011,

                  —

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

                  —

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

                  —

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

                  —

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

                  —

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

                  —

                  having regard to Regulation (EC) No 294/2008 of the European Parliament and of the Council of 11 March 2008 establishing the European Institute of Innovation and Technology (4), and in particular Article 21 thereof,

                  —

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

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control (A7-0108/2013),

                  A.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts of the European Institute of Innovation and Technology (‘the Institute’) for the financial year 2011 are reliable and that the underlying transactions are legal and regular,

                  B.

                  whereas the Institute, which is located in Budapest, was established by Regulation (EC) No 294/2008,

                  C.

                  whereas the Commission granted financial autonomy to the Institute on 8 June 2011,

                  D.

                  whereas 2011 was the Institute’s first year that the Court of Auditors published a report on its annual accounts; whereas the audited period runs from 8 June to 31 December 2011,

                  E.

                  whereas the Institute’s overall budget for 2011 was EUR 64 294 640,

                  F.

                  whereas grants represent about 90 % of the Institute’s budget and their impact on budget execution is, therefore, significant; whereas the Knowledge and Innovation Communities grants (KIC grants) were EUR 56 847 080,

                  G.

                  whereas in accordance with its Foundation Regulation, the Institute’s 2011 budget was financed by a subsidy granted by the Union, a contribution granted by the European Free Trade Association (EFTA) countries and a contribution granted by the host Member State,

                  H.

                  whereas the Institute signed a host agreement with the Government of the Republic of Hungary on 23 March 2010,

                  I.

                  whereas at the end of 2011, the Institute recorded a negative budget outturn of EUR 1 824 955,81 (6); whereas the Institute recognises the outturn as a contingent asset; whereas according to the guidelines issued by the accounting services of the Commission, the negative budgetary outturn should not be booked as receivable against the Commission since the amounts carried forward are usually cancelled partially,

                  J.

                  whereas in 2010 and 2011, the Institute and its partner DG, Directorate-General for Education and Culture (DG EAC), worked together to set up the appropriate internal structures and procedures to enable the Institute to manage Union funds in accordance with the principles of sound financial management and to fulfil the minimum conditions for its financial autonomy; whereas those conditions (7) were defined as establishing:

                              —

                              an effective segregation of duties of the authorising officer and the accounting officer,

                              —

                              an operational accounting system enabling the use of the funds to be verified and reflected in Union accounts,

                              —

                              an adequate procedure for payments to ensure sound financial management of Union funds,

                  1.

                  Welcomes the Court of Auditors’ report on the annual accounts of the Institute for the financial year 2011;

         Budgetary and financial management

                  2.

                  Recalls from the annual accounts that the Institute’s overall budget for 2011 amounted to EUR 64 294 640;

                  3.

                  Acknowledges from the annual accounts that the Institute’s budget in 2011, for the period of financial autonomy (June-December), was EUR 9 794 873,70;

                  4.

                  Takes note from the annual accounts that the Union’s contribution was EUR 8 234 873,70 for the period of financial autonomy; notes, furthermore, that that contribution includes EUR 191 433,87 granted by the EFTA countries, a contribution which is collected by the Commission who transfers it to the Institute, together with the Union’s subsidy;

                  5.

                  Recalls that the Institute signed a host agreement with the Government of the Republic of Hungary on 23 March 2010; recalls that according to the agreement, the host Member State undertakes to contribute to the Institute’s staff costs to cover the wage costs of 20 employees for five years; notes, furthermore, that the contribution from 2011 is due in five annual instalments of EUR 1 560 000;

         Accounting system

                  6.

                  Acknowledges from the annual accounts that on 8 June 2011, the Institute introduced accrual based accounting (ABAC) workflow, the accounting system used by the Commission for budgetary accounting; notes, furthermore, that on 8 June 2011, the contract management system was provided by ABAC contract;

                  7.

                  Notes from the annual accounts that for general accounting, the Institute implemented SAP on 8 June 2011, which is the system used by the Commission, a system directly linked to ABAC; notes, furthermore, that between 1 January and 7 June 2011, the Institute used the accounting system of its partner DG;

                  8.

                  Takes note from the annual accounts that from 19 December 2011, the assets management system was provided by ABAC assets;

         Commitments

                  9.

                  Observes from the annual accounts (8) that the execution rate for the entire year stands at 97,21 % for commitment appropriations, 83,83 % for payment appropriations and 67,33 % for payments against commitment;

                  10.

                  Takes note that the execution rate for the period of financial autonomy stands at 92,81 % for commitment appropriations, 24,70 % for payment appropriations against commitment and 11,48 % for payment against the commitment; calls on the Institute to inform the discharge authority of the actions it will take to address this deficiency as the low execution rates show difficulties in budget planning and implementation;

                  11.

                  Acknowledges that the execution rate of commitments for Title I (‘Staff Expenditure’) for the entire year represents 73,28 % and the execution rate of payments against committed appropriations stands at 92,79 %;

                  12.

                  Notes that the execution rate of commitments for Title I (‘Staff Expenditure’) for the period of financial autonomy represents 63,36 % and the execution rate of payments against the committed appropriations stands at 88,56 %; calls on the Institute to inform the discharge authority of the actions it will take to address this deficiency as the low execution rates show difficulties in budget planning and implementation;

                  13.

                  Acknowledges from the annual accounts that the execution rate of commitments for Title II (‘Operating Expenditure’) was 72,41 % at the end of 2011 and that for payment appropriations the execution rate was 47,77 %; calls on the Institute to inform the discharge authority of the actions it will take to address this deficiency as the low execution rates show difficulties in budget planning and implementation;

                  14.

                  Notes that the execution rate of commitments for Title II (‘Operating Expenditure’) for the period of financial autonomy represents 70,32 % and the execution rate of payments against the committed appropriations stands at 42,13 %; calls on the Institute to inform the discharge authority of the actions it will take to address this deficiency as the low execution rates show difficulties in budget planning and implementation;

                  15.

                  Takes note that the execution rate of commitments for Title III (‘Operational Expenditure’) for the entire year represents 99,32 % and the execution rate of payments against the committed appropriations stands at 66,39 %; notes, furthermore, that the execution rate of commitments for both KIC grants and the Institute’s Foundation stands at 100 % and that the ratio of 66,39 % for payments against commitments for operational expenditure is a result of the fact that no pre-financing payment was executed for the additional grants coming from the second transfer in August;

                  16.

                  Acknowledges that the execution rate of commitments for Title III (‘Operational Expenditure’) for the period of financial autonomy represents 98,09 % and that the execution rate of payments against the committed appropriations is very low at 3,46 %; calls on the Institute to inform the discharge authority of the actions it will take to address this deficiency as the low execution rates show difficulties in budget planning and implementation;

                  17.

                  Takes note from the Court of Auditors that grant agreements resulting in payments in 2011 were systematically signed by the Commission (DG EAC) and the Institute after most of the activities had already been implemented; notes, furthermore, that between September and December 2011, the Institute made final payments amounting to EUR 4 200 000 related to three grant agreements that were signed well after the start of activities; calls on the Institute to inform the discharge authority of the actions it will take to address this deficiency as this represents an issue in terms of good financial management;

         Carry-overs

                  18.

                  Acknowledges that an amount of EUR 4 500 000 of payment appropriations was carried over on budget line 3 100 (KIC grants) from 2010 to 2011; notes, furthermore, that EUR 3 780 634,25 was paid which amounted to an execution rate of payments against the committed appropriations of 84,01 % at the end of 2011;

                  19.

                  Takes note that EUR 21 903 441,85 of appropriations were automatically carried over from 2011 to 2012 as follows: 0,97 % for staff expenses, 2,25 % for administrative expenses and the major part of it, 96,79 %, for operational expenses; calls on the Institute to inform the discharge authority of the actions it will take to address this deficiency as the high level of carry-over is at odds with the budgetary principle of annuality;

                  20.

                  Observes that EUR 3 778 942,31 of payment appropriations was carried over non-automatically from 2011 to 2012, as at the end of 2011, the Institute had several commitments corresponding to obligations duly contracted for which no payment or partial payment was executed in 2011; calls on the Institute to inform the discharge authority the actions it will take to address this deficiency;

         Recruitment procedures

                  21.

                  Notes from the Annual Activity Report that by the end of 2011, 40 posts (23 temporary agents and 17 contract agents) were filled, which shows an increase of 66 %, compared to 24 posts filled by the end of 2010;

                  22.

                  Acknowledges that in addition to the staff increase, a new organisational structure was established in September 2011 to allocate a sufficient number of effectives to reinforce, in particular, administrative and horizontal tasks, budget planning and implementation, human resources management, and accounting and internal audit tasks, thus creating a solid supportive service base for the Institute;

                  23.

                  Acknowledges from the Annual Activity Report that the new Director joined the Institute on 1 July 2011;

                  24.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its Resolution of 17 April 2013 (9) on the performance, financial management and control of the agencies.

         (1)  OJ C 388, 15.12.2012, p. 110.

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

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

         (4)  OJ L 97, 9.4.2008, p. 1.

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

         (6)  Annual accounts 2011, p. 23.

         (7)  Commission Decision C (2009) 10145 of 17 December 2009.

         (8)  Annual accounts 2011, p. 34.

         (9)  Texts adopted, P7_TA(2013)0134 (see page 374 of this Official Journal).


Avis juridique important

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31990D0129

90/129/EEC: Council Decision of 26 February 1990 concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Republic of Austria in the field of medical and health research

Official Journal L 074 , 20/03/1990 P. 0008

COUNCIL DECISION of 26 February 1990 concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Republic of Austria in the field of medical and health research (90/129/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 130q (2) thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas by Decision 87/551/EEC (4), the Council adopted a research and development coordination programme of the Community in the field of medical and health research (1987 to 1991); whereas Article 7 (2) of that Decision authorizes the Commission to  negotiate Agreements with the non- member States participating in European cooperation in the field of scientific and technical research (COST) with a view to associating them wholly or partly with that programme;  Whereas by Decision 87/177/EEC (5), the Council approved the conclusion on behalf of the European Economic Community of the Framework Agreement for scientific and technical cooperation between the European Communities and, among others, the Republic of  Austria;  Whereas the Cooperation Agreement between the European Economic Community and the Republic of Austria in the field of medical and health research should be approved,  HAS DECIDED AS FOLLOWS:    Article 1 The Cooperation Agreement between the European Economic Community and the Republic of Austria in the field of medical and health research 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 shall carry out, on behalf of the Community, the notification as provided for in Article 7 of the Agreement (6).   Done at Brussels, 26 February 1990.  For the Council The President M. SMITH   (1) OJ No C 223, 30. 8. 1989, p. 21. (2) OJ No C 304, 4. 12. 1989, p. 33 and Decision of 14 February 1990 (not yet published in the Official Journal). (3) OJ No C 56, 7. 3. 1990. (4) OJ No C 56, 7. 3. 1990. (5) OJ No L 334, 24. 11. 1987, p. 20. (6) OJ No L 71, 14. 3. 1987, p. 29. (7) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


Avis juridique important

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E2003C0529(01)

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part I of Protocol 3 to the Surveillance and Court Agreement (EFTA Surveillance Authority decision not to raise objections)

Official Journal C 127 , 29/05/2003 P. 0034 - 0034

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part I of Protocol 3 to the Surveillance and Court Agreement(EFTA Surveillance Authority decision not to raise objections)(2003/C 127/08)Date of adoption: 14 March 2003EFTA State: IcelandAid No: SAM 030.020.10Title: Proposed financing and tax measures concerning the construction of an aluminium plant in the Township of Fjardðabyggð, IcelandObjective: To facilitate the development of the economic activities in the Central East Region of IcelandLegal basis: Act on Authorisation to engage in Negotiations on an Aluminium Plant in the Reyðarfjörður, as passed by the Allþingi in March 2003, and the Investment Agreement between the Government of Iceland and Alcoa Inc., USAAmount of aid: Maximum EUR 49,9 millionDuration: Over the effective contract period according to Article 20 of the Investment Agreement


title: 2010/588/EU: Council Decision of 27 September 2010 concerning the conclusion of consultations with the Republic of Niger under Article 96 of the ACP-EU Partnership Agreement

text:
               2.10.2010

               EN

               Official Journal of the European Union

               L 260/6

         COUNCIL DECISION
   of 27 September 2010
   concerning the conclusion of consultations with the Republic of Niger under Article 96 of the ACP-EU Partnership Agreement
   (2010/588/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 thereof,
   Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1) and revised in Luxembourg on 25 June 2005 (2) (‘the ACP-EU Partnership Agreement’), and in particular Article 96 thereof,
   Having regard to the Internal Agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (3), and in particular Article 3 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The essential elements referred to in Article 9 of the ACP-EU Partnership Agreement have been violated.

               (2)

               On 8 December 2009 and 26 May 2010, pursuant to Article 96 of the ACP-EU Partnership Agreement, consultations were held with the Republic of Niger in the presence of representatives of the African, Caribbean and Pacific (ACP) Group of States. At the last round of consultations, the representatives of the transitional government of Niger put forward satisfactory proposals and undertakings,

         HAS ADOPTED THIS DECISION:
   Article 1
   Consultations with the Republic of Niger under Article 96 of the ACP-EU Partnership Agreement are hereby concluded.
   Article 2
   The measures set out in the annexed letter are hereby adopted as appropriate measures under Article 96(2)(c) of the ACP-EU Partnership Agreement.
   Article 3
   This Decision shall enter into force on the day of its adoption.
   It shall remain in force for a period of 12 months. It shall be reviewed at least every six months on the basis of a follow-up mission of the Union.

      Done at Brussels, 27 September 2010.

            For the Council

            The President

         K. PEETERS

      (1)  OJ L 317, 15.12.2000, p. 3.

      (2)  OJ L 287, 28.10.2005, p. 4.

      (3)  OJ L 317, 15.12.2000, p. 376.

      ANNEX

         DRAFT LETTER

      President of the Supreme Council for the Restoration of Democracy
      The Prime Minister
      Sirs,
      The European Union (EU) finds that the political crisis your country underwent in 2009 and the coup d’état of 18 February 2010 constituted a serious violation of the essential elements referred to in Article 9 of the ACP-EU Partnership Agreement. In a statement issued by the spokesperson of the High Representative Catherine Ashton on 19 February 2010, the EU roundly condemned the coup as being in contradiction with the very principles of democracy. In application of Article 96 of the ACP-EU Partnership Agreement, the EU has invited the Niger authorities to hold consultations in Brussels and has engaged in a political dialogue with the ruling regime in order to study the situation and possible solutions. The consultations opened on 8 December 2009 and a second round took place on 26 May 2010. Following that meeting the EU representatives expressed their willingness to propose to the Council of the European Union appropriate measures to support the transition under way in Niger towards a return to constitutional order, as announced by the Niger authorities.
      During the meeting of 26 May the participants discussed how to organise a return to constitutional rule and the establishment of a democratic government elected through free and transparent elections. Niger also presented a memorandum on the stages and issues at stake in the transition. The EU noted the announcement of:

                  —

                  the establishment of pluralist institutions for the transition, representing all political elements in Niger,

                  —

                  the consensual adoption of an electoral code,

                  —

                  the establishment of a National Independent Election Commission (CENI).

            It also welcomed the adoption of a roadmap which, by means of a number of electoral steps, paves the way for the establishment of a new constitutional framework and new democratically elected authorities. Finally, the EU noted the commitment made by members of the Supreme Council for the Restoration of Democracy (CSRD) and the civilian government established in February 2010 to manage the transition, not to stand for election and to hand over power to the elected civilians at the end of the transitional period, planned for March 2011.
      The EU noted proposals put forward by Niger during the discussions, in particular the following undertakings which it considers especially important:

                  1.

                  the adoption of basic texts by the CSRD;

                  2.

                  the organisation of a constitutional referendum on the basis of those texts;

                  3.

                  the holding of local, parliamentary and presidential elections by March 2011;

                  4.

                  respect for fundamental rights and civil liberties, including freedom of action for political parties;

                  5.

                  the decriminalisation of press offences and a guarantee of independence for regulatory bodies and of access to information;

                  6.

                  a commitment to sound economic and financial management throughout the transition.

            The EU found the undertakings made by Niger to be broadly encouraging. It has therefore decided to adopt the appropriate measures listed in the annexed commitments table under Article 96(2)(c) of the ACP-EU Partnership Agreement with a view to the gradual resumption of cooperation in order to assist in the transition.
      In particular, the EU will continue to finance humanitarian and emergency operations in direct support of the people of Niger and measures to support the political transition and help end the crisis. In this context, the EU may provide fresh aid for the preparation of the parliamentary and presidential elections.
      However, the European Commission reserves the right, where necessary, to take over the duties of the EDF National Authorising Officer on its own account.
      As part of the procedure under Article 96 of the ACP-EU Partnership Agreement, the EU will continue to monitor the situation in Niger closely over a period of 12 months. During this period an enhanced dialogue will be pursued with the Niger Government under Article 8 of the ACP-EU Partnership Agreement in order to support the transition process, and regular reviews will be conducted by the EU. The first follow-up mission will take place within no more than six months from the date of signature of this letter.
      The EU reserves the right to amend the ‘appropriate measures’ in the light of progress in the implementation of commitments.
      The EU also intends to hold, under Article 8 of the ACP-EU Partnership Agreement, a regular political dialogue with the new government formed after the elections, particularly on the subject of reforms in the field of political, judicial and economic governance and reforms in the security sector.
      We have the honour to be, Sirs, yours faithfully,

               For the Council

            …

               For the Commission

            …

         ANNEX TO THE ANNEX: SCHEDULE OF COMMITMENTS
         Commitments by partners

                     Niger

                     EU

                                 —

                                 Situation as of 26 May 2010

                                 —

                                 The European Union will continue to finance humanitarian and emergency operations in direct support of the people of Niger and measures to assist in the political transition and in ending the crisis

                                 —

                                 Consensual adoption of an electoral code (with the favourable opinion of the National Consultative Council)

                                 —

                                 Establishment of the Independent National Electoral Commission with a consensually chosen membership (with the favourable opinion of the National Consultative Council)

                                 —

                                 Resumption of the project Consolidation of Democracy, in particular the component for electoral support, and its extension until the forthcoming polls. The Financing Agreement is in force

                                 —

                                 Processing of a request from the authorities to increase the financial allocation for the Financing Agreement for ‘Electoral Support’

                                 —

                                 Renewal of institutional support for reforms in the field of public-finance management, including support for the Court of Auditors, with the aim of maintaining eligibility for budgetary support

                                 —

                                 Resumption of the support programme for justice and the rule of law (PAJED)

                                 —

                                 Adoption of the proposed basic laws by the Supreme Council for the Restoration of Democracy (with a favourable opinion of the National Consultative Council)

                                 —

                                 Displaying of electoral rolls (in order to update the electoral register)

                                 —

                                 Decriminalisation of press offences

                                 —

                                 Reintroduction for approval of projects to support trade and the national statistics system

                                 —

                                 Resumption of the appraisal of 10th EDF NIP programmes (justice, decentralisation, rural development, etc.) and launch of the necessary studies

                                 —

                                 Retention of the remaining balances of the Financing Agreement on 9th EDF budgetary support

                                 —

                                 Launching of study to identify measures to support the stabilisation of the situation in the North

                                 —

                                 Start-up of support for the Rural Development Strategy (10th EDF)

                                 —

                                 Resumption of the Support Programme for Development of the Mining Sector

                                 —

                                 Holding of constitutional referendum in conditions deemed satisfactory

                                 —

                                 Gradual disbursement of budgetary support (9th and 10th EDFs)

                                 —

                                 Resumption of tender procedure for 10th EDF-financed road maintenance

                                 —

                                 Resumption of tender procedure for the extension of the Arlit hospital (mining sector programme)

                                 —

                                 Holding of parliamentary elections and the first round of presidential elections in conditions deemed satisfactory

                                 —

                                 Holding of the second round of presidential elections (if necessary) in satisfactory conditions

                                 —

                                 Inaugural sitting of the new National Assembly

                                 —

                                 Inauguration of the President of the Republic

                                 —

                                 Continued disbursements of the budgetary support already committed

                                 —

                                 Signing of Financing Agreements for the projects to support trade and the national statistics system

                                 —

                                 Resumption of cooperation activities across the board