title: Political and Security Committee Decision (CFSP) 2018/925 of 26 June 2018 on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) and repealing Decision (CFSP) 2018/522 (ATALANTA/2/2018)

text:
               29.6.2018

               EN

               Official Journal of the European Union

               L 164/46

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2018/925
   of 26 June 2018
   on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) and repealing Decision (CFSP) 2018/522 (ATALANTA/2/2018)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 38 thereof,
   Having regard to Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               Pursuant to Article 6(1) of Joint Action 2008/851/CFSP, the Council authorised the Political and Security Committee (PSC) to take the relevant decisions on the appointment of the EU Force Commander for European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (‘EU Force Commander’).

               (2)

               On 27 March 2018, the PSC adopted Decision (CFSP) 2018/522 (2) appointing Rear Admiral Simone MALVAGNA as EU Force Commander.

               (3)

               The EU Operation Commander has recommended the appointment of Rear Admiral Alfonso PÉREZ DE NANCLARES Y PÉREZ DE ACEVEDO as the new EU Force Commander as from 6 August 2018.

               (4)

               On 31 May 2018, the EU Military Committee supported that recommendation.

               (5)

               Decision (CFSP) 2018/522 should therefore be repealed.

               (6)

               In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications,

         HAS ADOPTED THIS DECISION:
   Article 1
   Rear Admiral Alfonso PÉREZ DE NANCLARES Y PÉREZ DE ACEVEDO is hereby appointed EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) as from 6 August 2018.
   Article 2
   Decision (CFSP) 2018/522 is repealed.
   Article 3
   This Decision shall enter into force on 6 August 2018.

      Done at Brussels, 26 June 2018.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 301, 12.11.2008, p. 33.

      (2)  Political and Security Committee Decision (CFSP) 2018/522 of 27 March 2018 on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) and repealing Decision (CFSP) 2017/1356 (ATALANTA/1/2018) (OJ L 87, 3.4.2018, p. 14).


title: Council Decision (EU) 2018/923 of 22 June 2018 establishing that no effective action has been taken by Romania in response to the Council Recommendation of 5 December 2017

text:
               29.6.2018

               EN

               Official Journal of the European Union

               L 164/42

         COUNCIL DECISION (EU) 2018/923
   of 22 June 2018
   establishing that no effective action has been taken by Romania in response to the Council Recommendation of 5 December 2017
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (1), and in particular the fourth subparagraph of Article 10(2) thereof,
   Having regard to the recommendation from the European Commission,
   Whereas:

               (1)

               On 16 June 2017, the Council decided in accordance with Article 121(4) of the Treaty that a significant observed deviation from the adjustment path toward the medium-term budgetary objective existed in Romania. In view of the established significant deviation, the Council, on 16 June 2017, issued a Recommendation (2) for Romania to take the necessary measures to ensure that the nominal growth rate of net primary government expenditure (3) does not exceed 3,3 % in 2017, corresponding to an annual structural adjustment of 0,5 % of GDP.

               (2)

               On 5 December 2017, the Council concluded (4) that Romania had not taken effective action in response to the Council Recommendation of 16 June 2017. On that basis, on 5 December 2017, the Council issued a revised Recommendation (5) for Romania to take the necessary measures to ensure that the nominal growth rate of net primary government expenditure does not exceed 3,3 % in 2018, corresponding to an annual structural adjustment of 0,8 % of GDP. It also recommended that Romania use any windfall gains for deficit reduction and that budgetary consolidation measures should secure a lasting improvement in the general government structural balance in a growth-friendly manner. The Council established a deadline of 15 April 2018 for Romania to report on the action taken in response to that Recommendation.

               (3)

               On 10 and 11 April 2018, the Commission undertook an enhanced surveillance mission in Romania for the purpose of on-site monitoring under Article -11(2) of Regulation (EC) No 1466/97. After having transmitted its provisional findings to the Romanian authorities for comments, the Commission reported its findings to the Council on 23 May 2018. Those findings were subsequently made public. The Commission report finds that the Romanian authorities do not intend to act upon the Council Recommendation of 5 December 2017. The authorities confirmed to the mission that their target for 2018 remains the headline deficit of just below 3 % of GDP. Given the positive and increasing output gap, this indicates a further deterioration of the underlying structural deficit, contrary to what is set out in the Council Recommendation and reflects a clearly expansionary fiscal policy.

               (4)

               On 20 April 2018, after the deadline established by the Council, the Romanian authorities submitted a report on action taken in response to the Council Recommendation of 5 December 2017. In the report, the authorities reiterated that their target for 2018 remains the headline deficit of just below 3 % of GDP. The fiscal impact of the reported measures falls significantly short of the requirement stated in that Council Recommendation.

               (5)

               Based on the Commission spring 2018 forecast, the growth of net primary government expenditure is set to amount to 10,4 %, well above the expenditure benchmark of 3,3 %. The structural balance is set to deteriorate by 0,4 % of GDP in 2018, reaching a deficit of 3,8 % of GDP. This is contrary to the recommended structural improvement of 0,8 % of GDP relative to 2017. Therefore, both pillars indicate a deviation from the recommended adjustment by a wide margin. The expenditure benchmark indicates a deviation of 2,0 % of GDP. The structural balance confirms this reading, indicating a somewhat smaller deviation of 1,2 % of GDP. The size of the deviation indicated by the structural balance is negatively impacted by a higher underlying estimate of potential GDP growth as compared to the medium-term average underlying the expenditure benchmark. Taking this into account, the overall assessment confirms a deviation from the recommended adjustment by a wide margin.

               (6)

               The deterioration compared to 2017 is largely driven by increases in expenditure on the compensation of public employees, enacted in summer 2017 and which entered into force in January 2018. Since the Commission autumn 2017 forecast, which was the basis for the Council Recommendation of 5 December 2017, the Romanian authorities have partially reversed the past systemic pension reform by lowering the proportion of social contributions transferred to the second pension pillar from 2018. This cut is set to have a positive short-term effect on government revenues and thus on the general government balance. However, that fiscal gain is set to dissipate in the long term as the social contributions diverted from the second pillar are to be accompanied by an obligation to pay old-age pensions in the future.

               (7)

               This leads to the conclusion that Romania's response to the Council Recommendation of 5 December 2017 has been insufficient. The fiscal effort falls well short of the annual structural adjustment of 0,8 % of GDP for 2018, corresponding to a nominal growth rate of net primary government expenditure that does not exceed 3,3 % in 2018,

         HAS ADOPTED THIS DECISION:
   Article 1
   Romania has not taken effective action in response to the Council Recommendation of 5 December 2017.
   Article 2
   This Decision is addressed to Romania.

      Done at Luxembourg, 22 June 2018.

            For the Council

            The President

         V. GORANOV

      (1)  OJ L 209, 2.8.1997, p. 1.

      (2)  Council Recommendation of 16 June 2017 with a view to correcting the significant observed deviation from the adjustment path toward the medium-term budgetary objective in Romania (OJ C 216, 6.7.2017, p. 1).

      (3)  Net primary government expenditure is comprised of total government expenditure excluding interest expenditure, expenditure on Union programmes fully matched by Union funds revenue and non-discretionary changes in unemployment benefit expenditure. Nationally financed gross fixed capital formation is smoothed over a four-year period. Discretionary revenue measures or revenue increases mandated by law are factored in. One-off measures on both the revenue and expenditure sides are netted out.

      (4)  Council Decision (EU) 2017/2389 of 5 December 2017 establishing that no effective action has been taken by Romania in response to the Council Recommendation of 16 June 2017 (OJ L 340, 20.12.2017, p. 49).

      (5)  Council Recommendation of 5 December 2017 with a view to correcting the significant observed deviation from the adjustment path toward the medium-term budgetary objective in Romania (OJ C 439, 20.12.2017, p. 1).


title: Council Decision (EU) 2018/926 of 26 June 2018 appointing a member, proposed by the Kingdom of Spain, of the Committee of the Regions

text:
               29.6.2018

               EN

               Official Journal of the European Union

               L 164/48

         COUNCIL DECISION (EU) 2018/926
   of 26 June 2018
   appointing a member, proposed by the Kingdom of Spain, of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Spanish Government,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. On 5 October 2015, by Council Decision (EU) 2015/1792 (4), Mr Ignacio GONZÁLEZ GONZÁLEZ was replaced by Ms Cristina CIFUENTES CUENCAS as a member.

               (2)

               A member's seat on the Committee of the Regions has become vacant following the resignation of Ms Cristina CIFUENTES CUENCAS,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Mr Ángel GARRIDO GARCÍA, Presidente de la Comunidad Autónoma de Madrid.

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

      Done at Luxembourg, 26 June 2018.

            For the Council

            The President

         E. ZAHARIEVA

      (1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

      (2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

      (3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).

      (4)  Council Decision (EU) 2015/1792 of 5 October 2015 appointing five Spanish members and five Spanish alternate members of the Committee of the Regions (OJ L 260, 7.10.2015, p. 28).


title: Council Decision (EU) 2018/1195 of 16 July 2018 on the signing, on behalf of the European Union, of a Protocol to the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) regarding the international regular and special regular carriage of passengers by coach and bus (Text with EEA relevance.)

text:
                  23.8.2018

                  EN

                  Official Journal of the European Union

                  L 214/3

         COUNCIL DECISION (EU) 2018/1195
         of 16 July 2018
         on the signing, on behalf of the European Union, of a Protocol to the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) regarding the international regular and special regular carriage of passengers by coach and bus
         (Text with EEA relevance)
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 in conjunction with Article 218(5) thereof,
         Having regard to the proposal from the European Commission,
         Whereas:

                     (1)

                     In accordance with Council Decision 2002/917/EC (1), the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) (2) was concluded, on behalf of the Union, on 3 October 2002 and entered into force on 1 January 2003 (3).

                     (2)

                     On 5 December 2014, the Council authorised the Commission to open negotiations for a Protocol to the Interbus Agreement (the ‘Protocol’) with the Republic of Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Republic of Moldova, Montenegro, Republic of Turkey and Ukraine.

                     (3)

                     The negotiations were successfully concluded during the meeting of the Contracting Parties to the Interbus Agreement on 10 November 2017.

                     (4)

                     The Protocol should facilitate the provision of regular and special regular services between the Contracting Parties to the Interbus Agreement and hence give rise to improved passenger transport links between them.

                     (5)

                     As regards general rules, notably the operation of the Joint Committee, and in order to facilitate its application, the draft Protocol largely mirrors the rules established in the Interbus Agreement.

                     (6)

                     In order for its benefits not to be excessively delayed and similarly to what the Interbus Agreement stipulates, the Protocol provides for its entry into force, for the Contracting Parties that have approved or ratified it, when four Contracting Parties, including the Union, have approved or ratified it.

                     (7)

                     Therefore, the Protocol should be signed on behalf of the Union, subject to its conclusion at a later date,

               HAS ADOPTED THIS DECISION:

            Article 1
            The signing of the Protocol to the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) regarding the international regular and special regular carriage of passengers by coach and bus is hereby approved on behalf of the Union, subject to its conclusion (4).

            Article 2
            The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union.

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

            Done at Brussels, 16 July 2018.

                  For the Council

                  The President

               J. BOGNER-STRAUSS

            (1)  Council Decision 2002/917/EC of 3 October 2002 on the conclusion of the Interbus Agreement on the international occasional carriage of passengers by coach and bus (OJ L 321, 26.11.2002, p. 11).

            (2)  OJ L 321, 26.11.2002, p. 13.

            (3)  OJ L 321, 26.11.2002, p. 44.

            (4)  The text of the Protocol will be published together with the decision on its conclusion.


title: Council Decision (EU) 2018/1194 of 21 June 2018 on the conclusion, on behalf of the Union and of the Member States, of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part, to take account of the accession of the Republic of Croatia to the European Union

text:
                  23.8.2018

                  EN

                  Official Journal of the European Union

                  L 214/1

         COUNCIL DECISION (EU) 2018/1194
         of 21 June 2018
         on the conclusion, on behalf of the Union and of the Member States, of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part, to take account of the accession of the Republic of Croatia to the European Union
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, Article 100(2) and Articles 207 and 209, in conjunction with Article 218(6)(a) thereof,
         Having regard to the Act of Accession of Croatia, and in particular Article 6(2) thereof,
         Having regard to the proposal from the European Commission,
         Having regard to the consent of the European Parliament,
         Whereas:

                     (1)

                     In accordance with Council Decision (EU) 2017/1567 (1), the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’) was signed on 17 July 2017, subject to its conclusion at a later date.

                     (2)

                     As regards matters falling within the competence of the European Atomic Energy Community, the conclusion of the Protocol is subject to a separate procedure.

                     (3)

                     The Protocol should be approved on behalf of the Union and of the Member States,

               HAS ADOPTED THIS DECISION:

            Article 1
            The Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part, to take account of the accession of the Republic of Croatia to the European Union (2), is hereby approved on behalf of the Union and of the Member States.

            Article 2
            The President of the Council shall, on behalf of the Union and the Member States, give the notification provided for in Article 4(1) of the Protocol (3).

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

            Done at Luxembourg, 21 June 2018.

                  For the Council

                  The President

               B. PETKOV

            (1)  Council Decision (EU) 2017/1567 of 8 June 2017 on the signing, on behalf of the Union and of the Member States, and provisional application of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part, to take account of the accession of the Republic of Croatia to the European Union (OJ L 238, 16.9.2017, p. 1).

            (2)  The text of the Protocol has been published in OJ L 238 of 16.9.2017 together with the decision on signing.

            (3)  The date of entry into force of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.


               23.8.2018

               EN

               Official Journal of the European Union

               C 298/280

      P8_TA(2017)0101
      Non-objection to a delegated act: Key information documents for packaged retail and insurance-based investment products
      European Parliament decision to raise no objections to the Commission delegated regulation of 8 March 2017 supplementing Regulation (EU) No 1286/2014 of the European Parliament and of the Council on key information documents for packaged retail and insurance-based investment products (PRIIPs) by laying down regulatory technical standards with regard to the presentation, content, review and revision of key information documents and the conditions for fulfilling the requirement to provide such documents (C(2017)01473 — 2017/2602(DEA))
      (2018/C 298/23)

         The European Parliament,

                  —

                  having regard to the Commission delegated regulation (C(2017)01473) (‘the revised delegated regulation’),

                  —

                  having regard to its resolution of 14 September 2016 on the Commission Delegated Regulation of 30 June 2016 supplementing Regulation (EU) No 1286/2014 of the European Parliament and of the Council on key information documents for packaged retail and insurance-based investment products (PRIIPs) by laying down regulatory technical standards with regard to the presentation, content, review and revision of key information documents and the conditions for fulfilling the requirement to provide such documents (C(2016)03999 — 2016/2816(DEA)) (1),

                  —

                  having regard to the Commission’s letter of 22 March 2017 asking Parliament to declare that it will raise no objections to the revised delegated regulation,

                  —

                  having regard to the letter of 28 March 2017 from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs,

                  —

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

                  —

                  having regard to Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs) (2), and in particular Article 8(5), Article 10(2), Article 13(5) and Article 31 thereof,

                  —

                  having regard to Regulation (EU) 2016/2340 of the European Parliament and of the Council of 14 December 2016 amending Regulation (EU) No 1286/2014 of the European Parliament and of the Council on key information documents for packaged retail and insurance-based investment products as regards the date of its application (3),

                  —

                  having regard to Article 13 and Article 10(1) of Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority, EBA), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (4), of Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority, EIOPA), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (5), and of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority, ESMA), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (6),

                  —

                  having regard to the letter by the Chairs of the European Supervisory Authorities (ESAs) dated 22 December 2016, following the Commission’s request by letter of 10 November 2016 on its intention to amend the draft Regulatory Technical Standards (RTS) jointly submitted by EBA, ESMA and EIOPA under Articles 8(5), 10(2) and 13(5) of Regulation (EU) No 1286/2014,

                  —

                  having regard to the recommendation for a decision by the Committee on Economic and Monetary Affairs,

                  —

                  having regard to Rule 105(6) of its Rules of Procedure,

                  —

                  having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 105(6) of its Rules of Procedure, which expired on 4 April 2017,

                  A.

                  whereas in its resolution of 14 September 2016, Parliament objected to the Commission delegated regulation of 30 June 2016 supplementing Regulation (EU) No 1286/2014 and called on the Commission to submit a revised delegated regulation which addressed its concerns expressed on the unclear treatment of multi-option PRIIPS, on the insufficient representation of the fact that retail investors may also lose money in adverse scenarios concerning certain products, and on the lack of detailed guidance as regards the use of the ‘comprehension alert’;

                  B.

                  whereas in its resolution of 14 September 2016, Parliament recalled that the Chair of the Committee on Economic and Monetary Affairs and Parliament’s negotiating team had sent a letter to the Commission on 30 June 2016, asking the Commission to assess whether the implementation of Regulation (EU) No 1286/2014 should be delayed;

                  C.

                  whereas the provisions of the revised delegated regulation are consistent with the objectives of Parliament expressed in its resolution of 14 September 2016 and during the subsequent informal dialogue as part of the preparatory work for the adoption of the revised delegated regulation;

                  D.

                  whereas the revised delegated regulation clarifies that manufacturers of multi-option PRIIPs which include underlying investment options that are Undertakings for Collective Investments in Transferable Securities (UCITS) or non-UCITS funds referred to in Article 32 of Regulation (EU) No 1286/2014 would not need to provide all information requested under PRIIPs and will be authorised to use UCITS key investor information documents instead as an appropriate means of providing retail investors with more detailed pre-contractual information;

                  E.

                  whereas, while the underlying calculations for the three performance scenarios previously included are still based on historical data, an additional fourth performance scenario has been included in the revised delegated regulation; whereas this ‘stress scenario’ is intended to set out significant unfavourable impacts of the products that are not covered in the existing ‘unfavourable scenario’;

                  F.

                  whereas the use of the comprehension alert was clarified by including in its scope of application those PRIIPs that are considered ‘complex products’ under Directive 2014/65/EU on markets in financial instruments and Directive (EU) 2016/97 on insurance distribution;

                  G.

                  whereas the proposed ‘What is this product’ section of the key information document was altered and the section on ‘What are the risks and what could I get in return’ includes a presentation of administrative costs in relation to the biometric components of insurance-based investment products;

                  H.

                  whereas Regulation (EU) 2016/2340 deferred the date of application of Regulation (EU) No 1286/2014 by 12 months to 1 January 2018;

                  1.

                  Declares that it has no objections to the revised delegated regulation;

                  2.

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

         (1)  Texts adopted, P8_TA(2016)0347.

         (2)  OJ L 352, 9.12.2014, p. 1.

         (3)  OJ L 354, 23.12.2016, p. 35.

         (4)  OJ L 331, 15.12.2010, p. 12.

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

         (6)  OJ L 331, 15.12.2010, p. 84.


               23.8.2018

               EN

               Official Journal of the European Union

               C 298/345

      P8_TA(2017)0137
      Nomination of a member of the Court of Auditors
      European Parliament decision of 27 April 2017 on the nomination of Ildikó Gáll-Pelcz as a Member of the Court of Auditors (C8-0110/2017 — 2017/0802(NLE))
      (Consultation)
      (2018/C 298/49)

         The European Parliament,

                  —

                  having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0110/2017),

                  —

                  having regard to Rule 121 of its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control (A8-0166/2017),

                  A.

                  whereas Parliament’s Committee on Budgetary Control proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union;

                  B.

                  whereas at its meeting of 12 April 2017 the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors;

                  1.

                  Delivers a favourable opinion on the Council’s nomination of Ildikó Gáll-Pelcz as a Member of the Court of Auditors;

                  2.

                  Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.


Commission Decision of 21/08/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9020 - ENGIE S.A. / GreenYellow) according to Council Regulation (EC) No 139/2004 (Only the French text is authentic)


title: Commission Decision of 14/08/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.8992 - Zeaborn Chartering Management / Maritime Holdings / Zeamarine) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

text:
                        EUROPEAN COMMISSION

               Brussels, 14.08.2018

               C(2018) 5564 final

                  PUBLIC VERSION

               To the notifying parties:

               Subject:Case M.8992 - MARITIME HOLDINGS / ZEABORN / ZEAMARINE JV
                  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
                  1
                and Article 57 of the Agreement on the European Economic Area
                  2

               Dear Sir or Madam,

               1.On 20 July 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Maritime Holdings (Delaware), LLC ("Maritime Holdings", United States) controlled by New Mountain Capital (United States) and Zeaborn Chartering Management GmbH ("Zeaborn", Germany) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over the whole of the undertaking Zeamarine GmbH ("Zeamarine JV", Germany) by way of purchase of shares in a newly created company constituting a joint venture.
                  3

               2.The business activities of the undertakings concerned are:

               -for Maritime Holdings: ocean cargo shipping;

               -for Zeaborn: multipurpose cargo shipping services;

               -for Zeamarine JV: multipurpose cargo shipping (liner/semi-liner and tramp).

               3.After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.
                  4

               4.For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.

               For the Commission

               (Signed)
               Johannes LAITENBERGER
                  Director-General

                     (1)

                        OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of 'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used throughout this decision.

                     (2)

                        OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').

                     (3)

                        Publication in the Official Journal of the European Union No C 267, 30.07.2018, p. 4.

                     (4)

                           OJ C 366, 14.12.2013, p. 5.


title: Commission Decision of 08/08/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9021 - Orkla / DNB Bank / Optimizd) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

text:
                        EUROPEAN COMMISSION

               Brussels, 08.08.2018

               C(2018) 5502 final

               To the notifying parties:

               Subject:Case M. 9021 - DNB BANK / ORKLA / OPTIMIZD
                  Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
                  1
                and Article 57 of the Agreement on the European Economic Area
                  2

               Dear Sir or Madam,

               1.On 16 July 2018, the European Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 of the Merger Regulation by which DNB Bank ASA (Norway) and Orkla ASA (Norway) acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of Optimizd AS (Norway). The concentration is accomplished by way of a share capital increase.
                  3

               2.The business activities of the undertakings concerned are:

               -DNB Bank ASA provides financial services, i.e. banking and insurance, to retail customers, corporate clients and the public sector.

               -Orkla ASA is a supplier of branded consumer goods to the grocery, out-of-home, specialised retail, pharmacy and bakery sectors. In addition, the group has operations organised under the Orkla Investments business area, consisting of investments in Jotun AS, in addition to hydropower and financial assets.

               -Optimizd AS will facilitate data driven marketing through own-channel marketing and purchased media placements, as well as conducting analysis of data for use in marketing.

               3.After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(a) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.
                  4

               4.For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.

               For the Commission

               (Signed)

               Johannes LAITENBERGER
                  Director-General

                     (1)

                        OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of 'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used throughout this decision.

                     (2)

                        OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').

                     (3)

                        Publication in the Official Journal of the European Union No C 260, 24.7.2018, p. 8.

                     (4)

                           OJ C 366, 14.12.2013, p. 5.


               30.8.2018

               EN

               Official Journal of the European Union

               C 307/188

      P8_TA(2017)0232
      Request for waiver of the immunity of Béla Kovács
      European Parliament decision of 1 June 2017 on the request for waiver of the immunity of Béla Kovács (2016/2266(IMM))
      (2018/C 307/31)

         The European Parliament,

                  —

                  having regard to the request for waiver of the immunity of Béla Kovács, forwarded on 19 September 2016 by Dr Péter Polt, the Prosecutor General of Hungary, in connection with criminal proceedings initiated by the Central Investigating Chief Prosecution Office against him and announced in plenary on 3 October 2016,

                  —

                  having invited Mr Kovács to be heard on 12 January, 30 January and 22 March 2017, in accordance with Rule 9(6) of its Rules of Procedure,

                  —

                  having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

                  —

                  having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010, 6 September 2011 and 17 January 2013 (1),

                  —

                  having regard to Article 4(2) of the Fundamental Law of Hungary, Sections 10(2) and 12(1) of Act LVII of 2004 on the Status of the Hungarian Members of the European Parliament and Section 74(1) and (3) of Act XXXVI of 2012 on the National Assembly,

                  —

                  having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Legal Affairs (A8-0203/2017),

                  A.

                  whereas the Prosecutor General of Hungary has requested the waiver of the immunity of a Member of the European Parliament, Béla Kovács, in order that investigations can be carried out to verify whether a charge will lie against him with regard to the crimes of budget fraud resulting in substantial financial loss in accordance with Section 396(1)(a) of the Hungarian Criminal Code and of the multiple use of forged private documents in accordance with Section 345 of the Criminal Code; whereas, according to that Section, any person who uses a falsified or forged private document or a private document with untrue contents for providing evidence for the existence, the changing or termination of a right or obligation, is guilty of a misdemeanour punishable by imprisonment not exceeding one year;

                  B.

                  whereas, according to Article 9 of the Protocol No 7 on the Privileges and Immunities of the European Union, Members of the European Parliament shall enjoy, in the territory of their own State, the immunities accorded to members of their parliament;

                  C.

                  whereas, according to Article 4(2) of the Fundamental Law of Hungary, Members of Parliament shall be entitled to immunity; whereas, according to Section 10(2) of Act LVII of 2004 on the Status of the Hungarian Members of the European Parliament, Members of the European Parliament are entitled to immunity equal to the immunity of Members of the Hungarian parliament, and according to Article 12(1), the decision to suspend the immunity of a Member of the European Parliament shall fall within the competence of the European Parliament; whereas, under Article 74(1) of Act XXXVI of 2012 on the National Assembly, criminal proceedings or, in the absence of a voluntary waiver of immunity in the case concerned, misdemeanour proceedings can only be applied against the Member with the prior consent of the National Assembly; whereas, according to Article 74(3) of the same law, until the submission of the indictment, the motion for the suspension of immunity shall be submitted by the Prosecutor General;

                  D.

                  whereas, according to Article 21(1) and (2) of Decision 2005/684/EC, Euratom of the European Parliament of 28 September 2005 adopting the Statute for Members of the European Parliament (2), Members shall be entitled to assistance from personal staff whom they may freely choose and Parliament shall meet the expenses actually incurred by Members in employing such personal staff;

                  E.

                  whereas, according to Article 34(4) of the Decisions of the Bureau of 19 May and 9 July 2008 concerning implementing measures for the Statute for Members of the European Parliament, expenses incurred in connection with traineeship agreements, on the basis of the conditions laid down by the Bureau, may also be defrayed;

                  F.

                  whereas, according to Article I(1) of the Decision of the Bureau of 19 April 2010 on the Rules concerning Members’ Trainees, Members of the European Parliament may, with a view to contributing to European education and vocational training and to promoting a better understanding of the way in which the institution functions, offer traineeships in Brussels and Strasbourg during plenary sittings or in the course of their activities as Members in the country in which the Member concerned was elected in each case;

                  G.

                  whereas, according to Article 5(1) and (2) of the Rules on Trainees, specific arrangements in relation to the traineeship shall be included in a written traineeship agreement signed by both the Member and the trainee; whereas the agreement shall include a clause stating explicitly that the European Parliament may not be deemed to be a party to the agreement; whereas, pursuant to Article 5(4), expenses relating to traineeships, including scholarships and the cost of the insurance cover if paid by the Member, are defrayable from the Parliamentary Assistance Allowance, in accordance with Article 33(4) of the Implementing Measures, within the limits of that allowance;

                  H.

                  whereas, according to the last sentence of Article 1(1) of the Rules on Trainees, the scholarship granted to a trainee must not be such as to constitute in reality a disguised form of remuneration; whereas, according to Article 7(1), throughout the traineeship, trainees shall be under the sole responsibility of the Member to whom they are attached;

                  I.

                  whereas in this case Parliament has found no evidence of fumus persecutionis, that is to say, a sufficiently serious and precise suspicion that the request for waiver was made in connection with proceedings brought with the intention of causing political damage to the Member concerned;

                  J.

                  whereas the decision of the former President of Parliament to impose the penalty of a reprimand for Mr Kovács’ violation of Article 1(a) of the Code of Conduct (3) cannot be regarded as being tantamount to a judicial judgment constituting res judicata on the matters to which the criminal proceedings initiated by the Central Investigating Chief Prosecution Office relate; whereas, consequently, there is no violation of the principle ne bis in idem; whereas consequently, the sanction imposed by the former President of Parliament under the Code of Conduct does not prevent criminal proceedings being instituted or conducted in Hungary to see whether a charge will lie against him;

                  1.

                  Decides to waive the immunity of Béla Kovács;

                  2.

                  Instructs its President to forward this decision and the report of its committee responsible immediately to the competent authority of Hungary and to Béla Kovács.

         (1)  Judgment of the Court of Justice of 12 May 1964, Wagner v Fohrmann and Krier, 101/63, ECLI:EU:C:1964:28; judgment of the Court of Justice of 10 July 1986, Wybot v Faure and others, 149/85, ECLI:EU:C:1986:310; judgment of the General Court of 15 October 2008, Mote v Parliament, T-345/05, ECLI:EU:T:2008:440; judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C-200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C-163/10, ECLI:EU:C:2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23.

         (2)  OJ L 262, 7.10.2005, p. 1.

         (3)  See Annex I to the Rules of Procedure, Code of Conduct for Members of the European Parliament with respect to financial interests and conflicts of interest.


               19.9.2018

               EN

               Official Journal of the European Union

               C 334/231

      P8_TA(2017)0291
      Non-objection to a delegated act: European order for payment procedure
      European Parliament decision to raise no objections to the Commission delegated regulation of 19 June 2017 replacing Annex I to Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European order for payment procedure (C(2017)03984 — 2017/2747(DEA))
      (2018/C 334/30)

         The European Parliament,

                  —

                  having regard to the Commission delegated regulation (C(2017)03984),

                  —

                  having regard to the Commission’s letter of 19 June 2017 asking Parliament to declare that it will raise no objections to the delegated regulation,

                  —

                  having regard to the letter from the Committee on Legal Affairs to the Chair of the Conference of Committee Chairs of 22 June 2017,

                  —

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

                  —

                  having regard to Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (1), as amended by Regulation (EU) 2015/2421 of the European Parliament and of the Council (2), and in particular Articles 30 and 31(5) thereof,

                  —

                  having regard to the recommendation for a decision of the Committee on Legal Affairs,

                  —

                  having regard to Rule 105(6) of its Rules of Procedure,

                  —

                  having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 105(6) of its Rules of Procedure, which expired on 4 July 2017,

                  A.

                  whereas the annexes to Regulation (EC) No 1896/2006 set out the forms to be used to facilitate its application;

                  B.

                  whereas Regulation (EC) No 1896/2006 was amended by Regulation (EU) 2015/2421, which will apply from 14 July 2017; whereas the changes made to the European order for payment procedure should be reflected in Annex I to Regulation (EC) No 1896/2006;

                  C.

                  whereas it is necessary to replace Annex I to Regulation (EC) No 1896/2006 and whereas the new Annex I should apply at the same time as Regulation (EU) 2015/2421;

                  D.

                  whereas the amendments to Regulation (EC) No 1896/2006 will start to apply on 14 July 2017, and the delegated regulation should therefore enter into force on 14 July 2017;

                  1.

                  Declares that it has no objections to the delegated regulation;

                  2.

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

         (1)  OJ L 399, 30.12.2006, p. 1.

         (2)  OJ L 341, 24.12.2015, p. 1.


               19.9.2018

               EN

               Official Journal of the European Union

               C 334/232

      P8_TA(2017)0292
      Non-objection to a delegated act: European Small Claims Procedure
      European Parliament decision to raise no objections to the Commission delegated regulation of 19 June 2017 replacing Annexes I, II, III and IV to Regulation (EC) No 861/2007 of the European Parliament and of the Council establishing a European Small Claims Procedure (C(2017)03982 — 2017/2748(DEA))
      (2018/C 334/31)

         The European Parliament,

                  —

                  having regard to the Commission delegated regulation (C(2017)03982),

                  —

                  having regard to the Commission’s letter of 19 June 2017 asking Parliament to declare that it will raise no objections to the delegated regulation,

                  —

                  having regard to the letter from the Committee on Legal Affairs to the Chair of the Conference of Committee Chairs of 22 June 2017,

                  —

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

                  —

                  having regard to Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure (1), as amended by Regulation (EU) 2015/2421 of the European Parliament and of the Council (2), and in particular Articles 26 and 27(5) thereof,

                  —

                  having regard to the recommendation for a decision of the Committee on Legal Affairs,

                  —

                  having regard to Rule 105(6) of its Rules of Procedure,

                  —

                  having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 105(6) of its Rules of Procedure, which expired on 4 July 2017,

                  A.

                  whereas the annexes to Regulation (EC) No 861/2007 set out the forms to be used to facilitate its application;

                  B.

                  whereas Regulation (EC) No 861/2007 was amended by Regulation (EU) 2015/2421, which will apply from 14 July 2017; whereas the changes made to the European Small Claims Procedure should be reflected in the above-mentioned forms in the annexes;

                  C.

                  whereas it is necessary to replace Annexes I to IV to Regulation (EC) No 861/2007 and whereas the new Annexes I to IV should apply at the same time as Regulation (EU) 2015/2421;

                  D.

                  whereas the amendments to Regulation (EC) No 861/2007 will start to apply on 14 July 2017, and the delegated regulation should therefore enter into force on 14 July 2017;

                  1.

                  Declares that it has no objections to the delegated regulation;

                  2.

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

         (1)  OJ L 199, 31.7.2007, p. 1.

         (2)  OJ L 341, 24.12.2015, p. 1.


               19.9.2018

               EN

               Official Journal of the European Union

               C 334/188

      P8_TA(2017)0293
      Consultation of confidential information (interpretation of Rules 5(5) and 210a of the Rules of Procedure)
      European Parliament decision of 5 July 2017 concerning the consultation of confidential information (interpretation of Rules 5(5) and 210a of the Rules of Procedure) (2017/2095(REG))
      (2018/C 334/21)

         The European Parliament,

                  —

                  having regard to the letter of 23 June 2017 from the Chair of the Committee on Constitutional Affairs,

                  —

                  having regard to Rule 226 of its Rules of Procedure,

                  1.

                  Decides to append the following interpretation to Rule 5(5) of the Rules of Procedure:
                  ‘Access to confidential information is subject to the rules laid down in interinstitutional agreements concluded by Parliament relating to the treatment of confidential information (1a) and to the internal rules for their implementation adopted by Parliament's competent bodies (1b).
                  (1a)  Interinstitutional Agreement of 20 November 2002 between the European Parliament and the Council concerning access by the European Parliament to sensitive information of the Council in the field of security and defence policy (OJ C 298, 30.11.2002, p. 1).Framework Agreement of 20 October 2010 on relations between the European Parliament and the European Commission (OJ L 304, 20.11.2010, p. 47).
                  Interinstitutional Agreement of 12 March 2014 between the European Parliament and the Council concerning the forwarding to and handling by the European Parliament of classified information held by the Council on matters other than those in the area of the common foreign and security policy (OJ C 95, 1.4.2014, p. 1)."
                        (1b)  Decision of the European Parliament of 23 October 2002 on the implementation of the Interinstitutional Agreement governing European Parliament access to sensitive Council information in the sphere of security and defence policy (OJ C 298, 30.11.2002, p. 4).Decision of the Bureau of 15 April 2013 concerning the rules governing the treatment of confidential information by the European Parliament (OJ C 96, 1.4.2014, p. 1).’"

                  2.

                  Decides to append the following interpretation to Rule 210a of the Rules of Procedure:
                  ‘This Rule applies to the extent that the applicable legal framework relating to the treatment of confidential information provides for the possibility of consulting the confidential information at a meeting in camera outside the secure facilities.’

                  3.

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


               19.9.2018

               EN

               Official Journal of the European Union

               C 334/189

      P8_TA(2017)0307
      Setting up a special committee on terrorism, its responsibilities, numerical strength and term of office
      European Parliament decision of 6 July 2017 on setting up a special committee on terrorism, its responsibilities, numerical strength and term of office (2017/2758(RSO))
      (2018/C 334/22)

         The European Parliament,

                  —

                  having regard to the proposal for a decision of the Conference of Presidents,

                  —

                  having regard to Rule 197 of its Rules of Procedure,

                  A.

                  whereas the European Union has clear competences in ensuring a high level of security under Article 67 TFEU, and the national authorities have competences in the fight against terrorism, as stated in Article 73 of the TFEU; and there are wider obligations in respect of cross border cooperation as stated in Title V of the TFEU on police and judicial cooperation related to the internal security of the European Union;

                  B.

                  whereas the outcome of the special committee hereby set up should be to address the practical and legislative deficiencies in the fight against terrorism across the European Union and with international partners and actors, with a particular focus on cooperation and exchange of information;

                  C.

                  whereas addressing the deficiencies and gaps in cooperation and information exchange between national law enforcement authorities, as well as the interoperability of European information sharing databases is of the utmost importance for both ensuring the good functioning of the Schengen Area and for the protection of EU’s external border, and should constitute the core of the mandate of the special committee;

                  D.

                  whereas respect for fundamental rights is an essential element in successful counter-terrorism policies;

                  1.

                  Decides to set up a special committee on terrorism, vested with the following strictly defined responsibilities:

                              (a)

                              to examine, analyse and evaluate with impartiality facts provided by law enforcement authorities of the Member States, competent EU agencies and recognised experts and the extent of the terrorist threat on European soil and to propose appropriate measures to enable the European Union and its Member States to help prevent, investigate and prosecute crimes related to terrorism;

                              (b)

                              to identify and analyse, with impartiality and according to an evidence based approach, the potential faults and malfunctions that have allowed recent terrorist attacks in different Member States to occur, in particular by collecting, compiling and analysing all information available to Member States’ intelligence services or law enforcement and judicial authorities about perpetrators prior to their terrorist offence;

                              (c)

                              to examine and assess the implementation of existing measures and instruments in the fields of external border management, including the malfunction of external border checks that have allowed individuals to enter Europe with false documents, and to assess the causes for the failure by some Member States to fully implement their obligations as set out in Regulation (EC) No 1987/2006 of the European Parliament and of the Council (1) (the Schengen Information System Regulation); to collect and analyse information on possible Member States and Commission shortcoming in ensuring the full implementation of the related provisions of Regulation (EU) 2016/399 of the European Parliament and of the Council (2) (the Schengen Borders Code) and to propose appropriate measures to close the identified gaps;

                              (d)

                              to identify deficiencies in the sharing of judicial, law enforcement and intelligence information among Member States; to investigate in particular alleged widespread failures in the collection, analysis and communication of information that could help prevent attacks, in particular by:

                                          —

                                          analysing and evaluating the performance of EU databases such as the Schengen Information System (SIS), Visa Information System (VIS) and common European Information Exchange Model (EIXM), and Member States possible failures in the implementation of existing legal instruments such as Council Decision 2008/615/JHA (3) or Council Framework Decision 2006/960/JHA (4); analysing in particular the causes of some Member States’ failure to contribute to feeding information to these databases, notably with regard to their obligations as set out in the Schengen Information System Regulation and Council Decision 2007/533/JHA (5);

                                          —

                                          analysing the alleged failure of Member States to comply with the obligation imposed by Article 2(3) of Council Decision 2005/671/JHA (6) ensuring that at least the information referred to in paragraphs 4 and 5 of that Article gathered by the relevant authority is transmitted to Europol and Eurojust;

                                          —

                                          collecting information on, and analysing Member States’ authorities compliance with, obligation imposed by Article 3 and 7 of Framework Decision 2006/960/JHA, in particular ensuring that competent law enforcement authorities provide, to the competent law enforcement authorities of other Member States concerned, information and intelligence in cases where there are factual reasons to believe that the information and intelligence could assist in the detection, prevention or investigation of offences referred to in Article 2(2) of Council Framework Decision 2002/584/JHA (7);

                                          —

                                          examining whether Europol has fully complied with its duty to notify, imposed by Article 17 of Council Decision 2009/371/JHA (8), repealed by Regulation (EU) 2016/794 of the European Parliament and of the Council (9);

                                          —

                                          examining whether Member States’ national units have fully complied with the obligation imposed by Article 8(4)(a) of Decision 2009/371/JHA, repealed by Regulation (EU) 2016/794, supplying Europol on their own initiative with the information and intelligence necessary for it to carry out its tasks;

                                          —

                                          investigating possible deficiencies in exchange of information between EU agencies, as well as legal means and need for these agencies to access the Schengen Information System and other relevant EU information systems;

                                          —

                                          evaluating existing informal cooperation among Member States’ intelligence services and assessing the level of effectiveness in terms of information exchange and practical cooperation;

                                          —

                                          examining the relationship of the European Union with third countries and international agencies in the fight against terrorism, including existing international cooperation and instruments in the fight against terrorism, including the exchange of best practice, and the effectiveness of the current level of exchange of information;

                              (e)

                              to assess the impact of the EU anti-terrorism legislation and its implementation on fundamental rights;

                              (f)

                              to assess the availability and the effectiveness of all resources allocated to competent authorities involved in the fight against terrorism (police, army, justice, budget, intelligence, surveillance, information, IT, etc.) in the Member States and at EU level; to analyse possible deficiencies in police cooperation and obstacles to practical cross-border law enforcement cooperation in investigations related to the fight against terrorism, identifying technical, structural and legal limitations to investigation capacities;

                              (g)

                              to investigate the deficiencies in the judiciary systems and judicial cooperation at EU level, as well as cooperation on cross border investigations, notably through Eurojust, the European Judicial Network, Joint investigation teams, and the European Arrest Warrant (EAW), and the European Investigation Order; to identify technical, structural and legal limitations to investigation and prosecution capacities;

                              (h)

                              to examine the current exchange of best practice and collaboration between national authorities and relevant EU bodies with regard to the protection of soft targets, including areas of transit, such as airports and train stations, as well as the protection of critical infrastructures as provided for in Council Directive 2008/114/EC (10);

                              (i)

                              to investigate the current mechanisms available for victims of terrorism, particularly Directive 2012/29/EU of the European Parliament and of the Council (11), identifying existing good practices to be exchanged;

                              (j)

                              to collect information and to analyse the process of radicalisation, and the effectiveness of the de-radicalisation programmes set in a limited number of Member States; to identify existing good practices to be exchanged and to ascertain whether the Member States have taken the appropriate measures in that regard;

                              (k)

                              to assess the efficiency of cooperation between Member States, as well as the efficiency of cooperation between competent authorities, obliged entities and law enforcement authorities, in fighting money laundering and terrorism financing under Directive 2005/60/EC of the European Parliament and of the Council (12), and to exchange views with the relevant actors in the banking sector and fraud investigation and law enforcement authorities in order to identify the new forms of financing of terrorism, including its links with organised crime;

                              (l)

                              to make any recommendations that it deems to be necessary in all the above-mentioned matters and, to those ends, to establish the necessary contacts, make visits and hold hearings with the EU institutions and relevant agencies and with the international and national institutions, the national parliaments and governments of the Member States and of third countries, and with officials involved in the daily fight against terrorism such as law enforcement agencies, police authorities, intelligence services, judges and magistrates and representatives of the scientific community, business and civil society, including victims’ organisations;

                  2.

                  Stresses that any recommendation of the special committee shall be followed-up by the competent standing committees;

                  3.

                  Decides that the powers, staff and available resources of Parliament’s standing committees with responsibility for matters concerning the adoption, monitoring and implementation of EU legislation relating to the area of responsibility of the special committee shall remain unchanged;

                  4.

                  Decides that, whenever the special committee work includes the hearing of evidence of a classified nature, testimonies comprising personal data or secrets, or includes the exchange of views or hearings with authorities and bodies on secret, confidential, classified or sensitive information for national security or public security purposes, the meetings should be held in camera; decides that witnesses and experts shall have the right to make a statement or to provide testimony in camera;

                  5.

                  Decides that secret or confidential documents which have been received by the special committee shall be examined under the procedure set out in Rule 210a of its Rules of Procedure to ensure that only the Chair, rapporteur, shadow rapporteurs, coordinators and designated officials have personal access to them, and that such information shall be used exclusively for the purposes of drawing up the mid-term and final reports of the special committee; decides that meetings shall be held on premises equipped in such a way as to make it impossible for any non-authorised persons to listen to the proceedings;

                  6.

                  Decides that, prior to accessing the classified information, or hearing evidence that risks damaging national security or public security, all Members and officials shall receive security clearance in accordance with the existing internal rules and procedures;

                  7.

                  Decides that the information obtained by the special committee shall be used solely for the performance of its duties and shall not be disclosed to third parties; decides that such information shall not be made public if it contains material of a secret or confidential nature or names persons;

                  8.

                  Decides that the special committee shall have 30 members;

                  9.

                  Decides that the term of office of the special committee shall be 12 months, except where Parliament extends that period before its expiry, and that its term of office shall start running from the date of its constituent meeting; decides that the special committee shall present to Parliament a mid-term report and a final report containing factual findings and recommendations concerning the measures and initiatives to be taken.

         (1)  Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 381, 28.12.2006, p. 4).

         (2)  Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).

         (3)  Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 1).

         (4)  Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (OJ L 386, 29.12.2006, p. 89).

         (5)  Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 205, 7.8.2007, p. 63).

         (6)  Council Decision 2005/671/JHA of 20 September 2005 on the exchange of information and cooperation concerning terrorist offences (OJ L 253, 29.9.2005, p. 22).

         (7)  Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).

         (8)  Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (OJ L 121, 15.5.2009, p. 37).

         (9)  Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).

         (10)  Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection (OJ L 345, 23.12.2008, p. 75).

         (11)  Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).

         (12)  Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15).


title: Decision (EU) 2018/1402 of the European Parliament of 18 April 2018 on the closure of the accounts of the European Railway Agency (now European Union Agency for Railways) for the financial year 2016

text:
               3.10.2018

               EN

               Official Journal of the European Union

               L 248/287

      DECISION (EU) 2018/1402 OF THE EUROPEAN PARLIAMENT
      of 18 April 2018
      on the closure of the accounts of the European Railway Agency (now European Union Agency for Railways) for the financial year 2016
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Railway Agency (now European Union Agency for Railways) for the financial year 2016,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Railway Agency (now European Union Agency for Railways) for the financial year 2016, together with the Agency’s reply (1),

                  —

                  having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2016, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to the Council’s recommendation of 20 February 2018 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2016 (05941/2018 — C8-0072/2018),

                  —

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

                  —

                  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 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (4), and in particular Article 39 thereof,

                  —

                  having regard to Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004 (5), and in particular Article 65 thereof,

                  —

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

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A8-0079/2018),

                  1.

                  Approves the closure of the accounts of the European Railway Agency (now European Union Agency for Railways) for the financial year 2016;

                  2.

                  Instructs its President to forward this decision to the Executive Director of the European Union Agency for Railways, 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

            Antonio TAJANI

               The Secretary-General

            Klaus WELLE

         (1)  OJ C 417, 6.12.2017, p. 166.

         (2)  See footnote 1.

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

         (4)  OJ L 164, 30.4.2004, p. 1.

         (5)  OJ L 138, 26.5.2016, p. 1.

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


title: Decision (EU) 2018/1430 of the European Parliament of 18 April 2018 on discharge in respect of the implementation of the budget of the European Border and Coast Guard Agency (Frontex) for the financial year 2016

text:
               3.10.2018

               EN

               Official Journal of the European Union

               L 248/338

      DECISION (EU) 2018/1430 OF THE EUROPEAN PARLIAMENT
      of 18 April 2018
      on discharge in respect of the implementation of the budget of the European Border and Coast Guard Agency (Frontex) for the financial year 2016
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Border and Coast Guard Agency (the Agency) for the financial year 2016,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Border and Coast Guard Agency for the financial year 2016, together with the Agency’s reply (1),

                  —

                  having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2016, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to the Council’s recommendation of 20 February 2018 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2016 (05941/2018 — C8-0074/2018),

                  —

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

                  —

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

                  —

                  having regard to Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (4), and in particular Article 30 thereof,

                  —

                  having regard to Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (5), in particular Article 76 thereof,

                  —

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

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A8-0108/2018),

                  1.

                  Grants the executive director of the European Border and Coast Guard Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2016;

                  2.

                  Sets out its observations in the resolution below;

                  3.

                  Instructs its President to forward this decision, and the resolution forming an integral part of it, to the executive director of the European Border and Coast Guard Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

               The President

            Antonio TAJANI

               The Secretary-General

            Klaus WELLE

         (1)  OJ C 417, 6.12.2017, p. 233.

         (2)  See footnote 1.

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

         (4)  OJ L 349, 25.11.2004, p. 1.

         (5)  OJ L 251, 16.9.2016, p. 1.

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


title: Decision (EU) 2018/1403 of the European Parliament of 18 April 2018 on discharge in respect of the implementation of the budget of the European Securities and Markets Authority for the financial year 2016

text:
               3.10.2018

               EN

               Official Journal of the European Union

               L 248/288

      DECISION (EU) 2018/1403 OF THE EUROPEAN PARLIAMENT
      of 18 April 2018
      on discharge in respect of the implementation of the budget of the European Securities and Markets Authority for the financial year 2016
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Securities and Markets Authority for the financial year 2016,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Securities and Markets Authority for the financial year 2016, together with the Authority’s reply (1),

                  —

                  having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2016, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to the Council’s recommendation of 20 February 2018 on discharge to be given to the Authority in respect of the implementation of the budget for the financial year 2016 (05941/2018 — C8-0083/2018),

                  —

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

                  —

                  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 (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (4), and in particular Article 64 thereof,

                  —

                  having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (5), and in particular Article 108 thereof,

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Economic and Monetary Affairs (A8-0101/2018),

                  1.

                  Grants the Executive Director of the European Securities and Markets Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2016;

                  2.

                  Sets out its observations in the resolution below;

                  3.

                  Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Executive Director of the European Securities and Markets Authority, 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

            Antonio TAJANI

               The Secretary-General

            Klaus WELLE

         (1)  OJ C 417, 6.12.2017, p. 176.

         (2)  See footnote 1.

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

         (4)  OJ L 331, 15.12.2010, p. 84.

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


title: Decision (EU) 2018/1333 of the European Parliament of 18 April 2018 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2016, Section VIII — European Ombudsman

text:
               3.10.2018

               EN

               Official Journal of the European Union

               L 248/141

      DECISION (EU) 2018/1333 OF THE EUROPEAN PARLIAMENT
      of 18 April 2018
      on discharge in respect of the implementation of the general budget of the European Union for the financial year 2016, Section VIII — European Ombudsman
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the general budget of the European Union for the financial year 2016 (1),

                  —

                  having regard to the consolidated annual accounts of the European Union for the financial year 2016 (COM(2017) 365 — C8-0254/2017) (2),

                  —

                  having regard to the Court of Auditors’ annual report on the implementation of the budget concerning the financial year 2016, together with the institutions’ replies (3),

                  —

                  having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2016, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

                  —

                  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 (5), and in particular Articles 55, 99, 164, 165 and 166 thereof,

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control (A8-0100/2018),

                  1.

                  Grants the European Ombudsman discharge in respect of the implementation of the budget for the financial year 2016;

                  2.

                  Sets out its observations in the resolution below;

                  3.

                  Instructs its President to forward this decision and the resolution forming an integral part of it to the European Ombudsman, the European Council, the Council, the Commission, the Court of Justice of the European Union, the Court of Auditors, the European Data Protection Supervisor and the European External Action Service, and to arrange for their publication in the Official Journal of the European Union (L series).

               The President

            Antonio TAJANI

               The Secretary-General

            Klaus WELLE

         (1)  OJ L 48, 24.2.2016.

         (2)  OJ C 323, 28.9.2017, p. 1.

         (3)  OJ C 322, 28.9.2017, p. 1.

         (4)  OJ C 322, 28.9.2017, p. 10.

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


               11.10.2018

               EN

               Official Journal of the European Union

               C 369/180

      P8_TA(2017)0486
      Renewal of the mandate of the Chair of the Single Resolution Board
      European Parliament decision of 12 December 2017 on the proposal of the Commission for the renewal of the term of office of the Chair of the Single Resolution Board (N8-0092/2017 — C8-0425/2017 — 2017/0901(NLE))
      (Approval)
      (2018/C 369/28)

         The European Parliament,

                  —

                  having regard to the Commission proposal of 29 November 2017 for the renewal of the term of office of the Chair of the Single Resolution Board (N8-0092/2017),

                  —

                  having regard to the third subparagraph of Article 56(6) and to Article 56(7) of Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (1),

                  —

                  having regard to Rule 122a of its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Economic and Monetary Affairs (A8-0393/2017),

                  A.

                  whereas on 19 December 2014, the Council appointed Elke König as Chair of the Single Resolution Board (SRB) for a term of office of three years as from 23 December 2014 (2);

                  B.

                  whereas in accordance with Article 56(7) of Regulation (EU) No 806/2014, the term of office of the first Chair of the SRB may be renewed once for a period of five years;

                  C.

                  whereas on 29 November 2017, the Commission adopted a proposal for the renewal of the term of office of Elke König as Chair of the SRB and transmitted this proposal to Parliament;

                  D.

                  whereas Parliament’s Committee on Economic and Monetary Affairs then proceeded to evaluate the credentials of the proposed candidate for the functions of Chair of the SRB, in particular in view of the requirements laid down in Article 56(4) of Regulation (EU) No 806/2014;

                  E.

                  whereas on 4 December 2017, the Committee held a hearing with Elke König, at which she made an opening statement and then responded to questions from the members of the Committee;

                  1.

                  Approves the Commission's proposal for the renewal of the term of office of Elke König in the function of Chair of the SRB;

                  2.

                  Instructs its President to forward this decision to the European Council, the Council, the Commission and the governments of the Member States.

         (1)  OJ L 225, 30.7.2014, p. 1.

         (2)  OJ L 367, 23.12.2014, p. 97.