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31995D0285

95/285/EC: Council Decision of 24 July 1995 accepting Resolution No 49 on short-term measures to ensure the security and the efficient functioning of the TIR transit regime

Official Journal L 181 , 01/08/1995 P. 0032 - 0034

COUNCIL DECISION of 24 July 1995 accepting Resolution No 49 on short-term measures to ensure the security and the efficient functioning of the TIR transit regime (95/285/EC) THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,Having regard to the proposal from the Commission,Whereas Resolution No 49 contains measures both to ensure the correct implementation of the 1975 TIR Convention and to prevent and detect fraud in goods transported under the TIR regime;Whereas, by virtue of its content and pending revision of the TIR Convention, the said Resolution is of the greatest to the Community; whereas, it should therefore be accepted with immediate effect,HAS DECIDED AS FOLLOWS:Article 1 Resolution No 49 on short-team measures to ensure the security and the efficient functioning of the TIR transit regime, adopted on 3 March 1995 by the Working Party of the UN Economic Commission for Europe on Customs Questions affecting Transport, is hereby accepted on behalf of the Community with immediate effect.The text of the Resolution is attached to this Decision.Article 2 The President of the Council shall designate the person empowered to notify the Executive Secretary of the Economic Commission for Europe of the Community's acceptance, with immediate effect, of the Resolution referred to in Article 1.Done at Brussels, 24 July 1995.For the CouncilThe PresidentP. SOLBES MIRASHORT-TERM MEASURES TO ENSURE THE SECURITY AND THE EFFICIENT FUNCTIONING OF THE TIR TRANSIT REGIME Resolution No 49 adopted on 3 March 1995 by the UN/ECE Working Party on Customs Questions affecting TransportResolution No 49 The Working Party on Customs Questions affecting Transport,Emphasizing the importance of the smooth and efficient functioning of the Customs Convention on the International Transport of Goods under Cover of TIR Carnets (TIR Convention, 1975) to facilitate international transport and trade;Concerned about the amount of customs fraud and smuggling in the framework of the TIR transit system which may endanger the facilitation measures provided for in the TIR Convention, 1975;Determined to safeguard the TIR transit system which facilitates the development of trade, in particular the international movement of goods;Convinced that the TIR transit system can only be safeguarded through joint and concerted action by all parties of the TIR transit system (customs authorities, national guaranteeing and carnet issuing associations and the IRU, and insurance companies), whereby an open exchange of information on all aspects of the system is considered to be essential;Whilst awaiting the revision of the TIR Convention, 1975, decides unanimously on the following short-term measures to be implemented as soon as possible by the competent authorities of Contracting Parties to the TIR Convention, 1975:1. In order to facilitate the detection of fraudulently discharged TIR carnets and to accelerate the discharge procedure, Contracting Parties may wish to create, as far as possible and in line with national requirements, centralized offices or procedures for the administration of TIR carnets;2. Contracting Parties should institute accelerated discharge and search procedures for the transport of sensitive goods;3. Contracting Parties and the IRU shall take all necessary steps to ensure the early re-introduction of the 'Tobacco/Alcohol` TIR carnets together with guarantees in a fixed sum which reflects the potential charges at risk;4. Contracting Parties ensure, through appropriate national regulations, that customs offices of destination or exit return TIR carnet vouchers No 2 to centralized offices or customs offices of departure or entry as soon as possible and no later than five working days following the completion of the TIR operation;5. in order to facilitate customs control for tobacco and alcohol consignments, Contracting Parties may wish to limit, in line with national administrative practices, the number of customs offices authorized to accept 'Tobacco/Alcohol` TIR carnets;6. Contracting Parties ensure that for the transport of tobacco and alcohol as well as for other sensitive goods as determined by the competent authorities, advance information on the transport of such goods under customs seal is forwarded immediately by the customs office of departure or entry to the customs office of destination or exit;7. in accordance with Article 20 of the TIR Convention, 1975, Contracting Parties prescribe time limits and, to the extent possible, routes to be followed for road vehicles and containers in case of transport under customs seal of tobacco and alcohol as well as of other sensitive goods as determined by the competent authorities. Contracting Parties are urged to apply sanctions, in line with national law, in case of non-respect of such prescriptions;8. Contracting Parties ensure that the provisions of Article 38 of the TIR Convention, 1975, should be applied, which provide the possibility to exclude temporarily or permanently from the operation of the TIR Convention, 1975, any person guilty of a serious offence against national customs laws or the regulations applicable to the international transport of goods;9. Contracting Parties take all necessary measures to avoid the theft and misuse of customs stamps and may provide for the use of new technologies, such as special security ink, to impede the falsification of customs stamps;10. Contracting Parties request that IRU and national guaranteeing associations apply strictly agreed criteria and administrative controls when issuing TIR carnets, with a view to ensuring, as far as possible, the reliability and integrity of transport operators;11. Contracting parties of the TIR transit regime intensify the exchange of information and intelligence concerning the TIR transit system amongst themselves, in accordance with national legislation. For that purpose they establish focal points for the combat of fraud within the competent authorities. Addresses, including telephone and telefax numbers of such focal points will be transmitted, as soon as possible, to the UN/ECE Secretariat for the setting up of an international directory,Invites Contracting Parties to study carefully the IRU proposals on the introduction of electronic data interchange systems for the administration of TIR carnets which will be transmitted to them by the UN/ECE Secretariat with a view to their possible introduction;Requests the Contracting Parties to the TIR Convention, 1975, to notify the Executive Secretary of the United Nations Economic Commission for Europe (UN/ECE) by 1 June 1995, whether they accept the present Resolution;Requests the Executive Secretary of the United Nations Economic Commission for Europe (UN/ECE) to inform all Contracting Parties to the TIR Convention, 1975, about the acceptance of this Resolution.


title: 2012/526/EU: Council Decision of 24 September 2012 appointing an Estonian member of the Committee of the Regions

text:
               28.9.2012

               EN

               Official Journal of the European Union

               L 263/43

         COUNCIL DECISION
   of 24 September 2012
   appointing an Estonian member of the Committee of the Regions
   (2012/526/EU)
   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 Estonian Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Teet KALLASVEE,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

               —

               Mr Georg LINKOV, Mayor of Kärdla.

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

      Done at Brussels, 24 September 2012.

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.


title: 2008/212/EC: Council Decision of 18 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with the former Yugoslav Republic of Macedonia and repealing Decision 2006/57/EC

text:
               19.3.2008

               EN

               Official Journal of the European Union

               L 80/32

      COUNCIL DECISION

   of 18 February 2008
   on the principles, priorities and conditions contained in the Accession Partnership with the former Yugoslav Republic of Macedonia and repealing Decision 2006/57/EC
   (2008/212/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 533/2004 of 22 March 2004 on the establishment of partnerships in the framework of the stabilisation and association process (1), as amended, and in particular Article 2 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Thessaloniki European Council of 19 and 20 June 2003 endorsed the introduction of the partnerships as a means to materialise the European perspective of the Western Balkan countries.

               (2)

               Regulation (EC) No 533/2004 provides that the Council is to decide on the principles, priorities and conditions to be contained in the partnerships, as well as any subsequent adjustments. It states also that the follow-up to the partnerships will be ensured through the mechanisms established under the Stabilisation and Association Process, notably by the annual progress reports.

               (3)

               The European Council of 17 December 2005 granted the former Yugoslav Republic of Macedonia candidate country status. Therefore, a proposal has been made to amend Regulation 533/2004 to change the name of the partnership for this country from ‘European Partnership’ to ‘Accession Partnership’.

               (4)

               On 30 January 2006 the Council adopted the second Accession Partnership with the former Yugoslav Republic of Macedonia (2), following the proposal from the Commission of November 2005.

               (5)

               The Commission's Paper on enlargement strategy and main challenges 2006-2007 indicated that the partnerships would be updated at the end of 2007.

               (6)

               On 17 July 2006 the Council adopted Regulation (EC) No 1085/2006 (3) establishing an Instrument for Pre-accession Assistance (IPA), which renews the framework for financial assistance to pre-accession countries.

               (7)

               It is therefore appropriate to adopt an Accession Partnership which updates the current partnership in order to identify renewed priorities for further work, on the basis of the findings of the 2007 Progress Report on the former Yugoslav Republic of Macedonia's preparations for further integration with the European Union.

               (8)

               In order to prepare for further integration with the European Union, the competent authorities in the former Yugoslav Republic of Macedonia should develop a plan with a timetable and specific measures to address the priorities of this Accession Partnership.

               (9)

               Decision 2006/57/EC should therefore be repealed,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The principles, priorities and conditions in the Accession Partnership with the former Yugoslav Republic of Macedonia are set out in the Annex.
   Article 2
   The implementation of the Accession Partnership shall be examined through the mechanisms established under the stabilisation and association process, notably the annual progress reports presented by the Commission.
   Article 3
   Decision 2006/57/EC shall be repealed.
   Article 4
   This Decision shall take effect on the third day following its publication in the Official Journal of the European Union.

      Done at Brussels, 18 February 2008.

            For the Council

            The President

         D. RUPEL

      (1)  OJ L 86, 24.3.2004, p. 1. Regulation as amended by Regulation (EC) No 269/2006 (OJ L 47, 17.2.2006, p. 7).

      (2)  Council Decision 2006/57/EC of 30 January 2006 on the principles, priorities and conditions contained in the European Partnership with the former Yugoslav Republic of Macedonia and repealing Decision 2004/518/EC (OJ L 35, 7.2.2006, p. 57).

      (3)  OJ L 210, 31.7.2006, p. 82.

      ANNEX
      THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA 2007 ACCESSION PARTNERSHIP
      1.   INTRODUCTION
      The European Council endorsed the introduction of the partnerships as a means to realise the European perspective of the Western Balkan countries. The proposed Accession Partnership updates the European Partnership of January 2006, on the basis of the findings of the 2007 Commission Progress Report on the former Yugoslav Republic of Macedonia. It identifies new and remaining priorities for action. The new priorities are adapted to the country's specific needs and stage of preparation and will be updated as necessary. The former Yugoslav Republic of Macedonia is expected to develop a plan including a timetable and specific measures intended to address the Accession Partnership priorities. The partnership also provides guidance for financial assistance to the country.
      2.   PRINCIPLES
      The Stabilisation and Association Process remains the framework for the European course of the Western Balkan countries, all the way to their future accession. The priorities identified for the former Yugoslav Republic of Macedonia relate to its capacity to meet the criteria defined by the Copenhagen European Council of 1993 and the conditions set by the Stabilisation and Association Process, notably the conditions defined by the Council in its conclusions of 29 April 1997 and 21 and 22 June 1999, the final declaration of the Zagreb Summit of 24 November 2000 and the Thessaloniki Agenda.
      3.   PRIORITIES
      The priorities listed in this Accession Partnership have been selected on the basis that it is realistic to expect that the former Yugoslav Republic of Macedonia can complete them or take them substantially forward over the next few years. A distinction is made between short-term priorities, which are expected to be accomplished within one to two years, and medium-term priorities, which are expected to be accomplished within three to four years. The priorities concern both legislation and its implementation.
      In view of the need to set priorities, clearly there are other tasks for the former Yugoslav Republic of Macedonia to complete which may become priorities in any future partnership, also taking into account future progress made by the former Yugoslav Republic of Macedonia.
      Among the short-term priorities, the key ones have been identified and grouped together at the beginning of the list. The order of these key priorities does not imply a ranking of their importance.
      3.1.   SHORT-TERM PRIORITIES
      Key priorities

                  —

                  Ensure proper implementation of all commitments undertaken in the Stabilisation and Association Agreement.

                  —

                  Promote a constructive and inclusive dialogue, in particular in areas which require consensus between all political parties, in the framework of the democratic institutions.

                  —

                  Ensure effective implementation of the law on police.

                  —

                  Establish a sustained track record on implementation of judiciary reforms and strengthen the independence and overall capacity of the judicial system. Implement the reform of the prosecution and finalise the appointment of the Judicial Council.

                  —

                  Establish a sustained track record on implementation of anti-corruption legislation.

                  —

                  Ensure that recruitment and career advancement of civil servants is not subject to political interference, further develop a merit-based career system and implement fully the law on civil servants.

                  —

                  Reduce impediments to employment creation and address in particular youth and long term unemployment.

                  —

                  Enhance the general business environment by further improving the rule of law, strengthening the independence of regulatory and supervisory agencies, speeding up legal procedures and continuing registration of property rights.

            Political criteria
      Democracy and the rule of law

                  —

                  Sustain implementation of the Ohrid Framework Agreement with a view, inter alia, to promoting inter-ethnic confidence-building.

            Parliament/Elections

                  —

                  Ensure that all future elections are conducted in accordance with the electoral code.

                  —

                  Deliver prompt decisions on any election irregularities and impose penalties that will deter further cases.

                  —

                  Enhance the capacity of Parliament, notably by increasing its resources.

            Government

                  —

                  Strengthen the transparency and accountability of the local administrations. In particular, strengthen internal control and audits.

                  —

                  Establish a satisfactory standard of municipal tax collection throughout the country.

                  —

                  Develop the capacity of municipalities to manage State-owned land.

                  —

                  Ensure that the number and competence of staff of municipalities are sufficient.

            Public administration

                  —

                  Introduce a merit-based career system in order to build an accountable, efficient and professional public administration at central and local level.

                  —

                  Ensure effective implementation of the code of ethics for civil servants.

                  —

                  Strengthen administrative capacity, notably by developing the capacity for strategic planning and policy development as well as enhancing training, and develop a general strategy on training for civil servants.

                  —

                  Implement effectively the measures adopted to ensure transparency in the administration, in particular in the decision-making process, and further promote active participation by civil society.

                  —

                  Pursue implementation of the reforms of the law enforcement agencies.

                  —

                  Ensure adequate administrative capacity to programme and manage IPA funds effectively.

            Judicial system

                  —

                  Further develop initial and continuous training in the academy for judges and prosecutors.

                  —

                  Complete the setting-up of the new court structures and allocate appropriate resources to ensure that they are fully operational and enhance their efficiency.

                  —

                  Ensure proper and full execution of court rulings.

            Anti-corruption policy

                  —

                  Ensure an adequate follow-up to the recommendations made by the State Commission Against Corruption and the State Audit Office.

                  —

                  Implement fully the recommendations made by the Group of States against Corruption (GRECO).

                  —

                  Strengthen the administrative capacity needed to implement the rules adopted on the financing of political parties and electoral campaigns. Impose effective sanctions in case of infringements.

                  —

                  Follow up the reviews carried out of discretionary rights of certain public officials.

                  —

                  Ensure full implementation of the law on public access to information.

                  —

                  Further strengthen cooperation among institutions.

            Human rights and protection of minorities

                  —

                  Fully comply with the European Convention on Human Rights, the recommendations made by the Committee for the Prevention of Torture as well as the Framework Convention for the Protection of National Minorities.

                  —

                  Implement fully the rules applying to ethics, internal control, professional and human rights standards in law enforcement agencies, the judiciary and the prison administration, including by regular training.

                  —

                  Provide sufficient resources to bring prison conditions up to a higher standard.

                  —

                  Set up effective mechanisms to identify, pursue and penalise all forms of discrimination by State and non-State bodies against individuals or groups.

                  —

                  Further enhance the protection of women's and children's rights.

                  —

                  Upgrade and implement the strategy on equitable representation of non-majority communities, notably by providing adequate resources and imposing effective sanctions for failure to meet targets.

                  —

                  Promote access to education, justice and social welfare for members of minority groups.

            Regional issues and international obligations

                  —

                  Continue to cooperate fully with the ICTY and, in view of the possible return of files from the ICTY, meet all the necessary preconditions that would ensure due process.

                  —

                  Continue to promote the transition from the Stability Pact to a more regionally owned cooperation framework and effective implementation of the Central European Free Trade Agreement (CEFTA).

                  —

                  Ensure good neighbourly relations, in particular by intensifying efforts with a constructive approach to find a negotiated and mutually acceptable solution to the name issue with Greece, in the framework of UN Security Council Resolutions 817/93 and 845/93, and avoid actions which could negatively affect them.

                  —

                  Foster cooperation with neighbouring countries and ensure effective implementation, notably on cross border cooperation, the fight against organised crime, trafficking and smuggling, judicial cooperation, border management, readmission and the environment.

            Economic criteria

                  —

                  Proceed with the registration of land and real estate and strengthen the cadastre in order to enhance legal certainty for economic operators and improve the functioning of market economy mechanisms.

                  —

                  Improve the efficiency of public services, notably by providing additional funds for training and for upgrading the current infrastructure.

            Ability to assume the obligations of membership

            Chapter 1: Free movement of goods

                  —

                  Adopt and implement horizontal framework legislation to complete the necessary infrastructure, and ensure a segregation of tasks between the various functions (regulation, standardisation, accreditation, metrology, conformity assessment and market surveillance) for conformity assessment procedures.

                  —

                  Draft a comprehensive strategy with milestones for implementation of the acquis for the relevant horizontal organisations (standardisation, accreditation, metrology and market surveillance) together with target dates and clear responsibilities for introducing and effectively implementing legislative measures and enhancing administrative capacity in the different sectors.

                  —

                  Draft an action plan for compliance with Articles 28 to 30 of the EC Treaty with milestones for internal screening of domestic legislation and administrative practices, for introducing mutual recognition clauses and for the necessary subsequent amendments.

                  —

                  Speed up the rate of adoption of European standards and step up efforts to become a full member of the European standardisation organisations.

            Chapter 3: Right of establishment and freedom to provide services

                  —

                  Remove the remaining barriers to establishment and to provision of cross-border services facing natural or legal persons from the EU.

                  —

                  Introduce in the legislation a differentiation between provision of services through permanent establishment and provision on a temporary basis.

            Chapter 4: Free movement of capital

                  —

                  Further strengthen the anti-money laundering framework, in particular by raising awareness among reporting institutions and by establishing a credible enforcement record on the part of the relevant institutions. Strengthen capacity and share intelligence information between institutions.

                  —

                  Make progress in the removal of remaining restrictions on capital movements.

            Chapter 5: Public procurement

                  —

                  Strengthen the Complaints Committee, in order to provide for an effective remedies system.

            Chapter 6: Company law

                  —

                  Develop effective and independent quality assurance and public oversight systems for statutory auditors and audit firms. Strengthen relevant administrative capacities.

            Chapter 7: Intellectual property law

                  —

                  Prepare a national strategy and action plan for building up the capacity necessary to implement and enforce the acquis in each area covered by this chapter, with particular focus on the need to provide specialised training for law enforcement bodies, judges, prosecutors and customs officials.

                  —

                  Develop public awareness campaigns and improve cooperation among law enforcement bodies and between all relevant stakeholders.

            Chapter 8: Competition policy

                  —

                  Establish a credible enforcement record in the area of anti-trust and focus on the most serious infringements of competition law.

                  —

                  Establish effective ex-ante control of State aid.

                  —

                  Strengthen the administrative capacity of the Commission for Protection of Competition and provide the adequate budget and staff.

                  —

                  Fully ensure the transparent and non-discriminatory application of competition law.

            Chapter 9: Financial services

                  —

                  Reinforce the legislation and the supervisory framework, including enforcement, for the financial sector, in particular for the insurance sector and securities markets.

                  —

                  Ensure the independent supervisory authority for the insurance sector becomes operational and is properly staffed.

            Chapter 10: Information society and media

                  —

                  End the breach of the Stabilisation and Association Agreement by taking all necessary measures to fulfil the obligation to liberalise the electronic communications sector, including adoption of all the secondary legislation required and further strengthening of the regulatory bodies.

                  —

                  Enforce competitive safeguards for operators with significant market power.

                  —

                  Reinforce the independence and administrative capacity of the regulatory authorities for electronic communications and media.

                  —

                  Ensure a stable and sustainable source of funding for the public service broadcaster and the Broadcasting Council.

            Chapter 11: Agriculture and rural development

                  —

                  Speed up the registration of agricultural land in the real estate cadastre.

                  —

                  Ensure collection and processing of sound and reliable agricultural data.

                  —

                  Continue preparations to establish effective and financially sound paying bodies for the management and control of agricultural funds, in line with EU requirements and international auditing standards.

            Chapter 12: Food safety, veterinary and phytosanitary policy

                  —

                  Continue to align legislation with the veterinary and phytosanitary acquis, focusing on framework legislation compatible with the acquis.

                  —

                  Continue to reinforce the capacity of the veterinary service at both central and local levels in order to put in place an EU-compatible control system, particularly for import controls.

                  —

                  Ensure the operational character of the system for identification of bovines and registration of their movements and start a system of identification of pigs, sheep and goats.

                  —

                  Further align animal disease and animal health control systems with the EU legislative and institutional requirements and the contingency plans for notifiable diseases.

                  —

                  Assess the compliance of agri-food establishments with EU requirements, which will serve as a basis for a future upgrading plan of those establishments.

            Chapter 14: Transport policy

                  —

                  Continue implementation of the Memorandum of Understanding on the Development of the South East Europe Core Regional Transport Network and strengthen cooperation with the South East Europe Transport Observatory.

                  —

                  Pursue alignment with the road transport acquis, notably on transport of dangerous goods, access to the market, social conditions, implementation of the digital tachograph and improvement of road safety.

                  —

                  In the rail sector, establish a regulatory body that is independent of the infrastructure manager and railway undertakings, establish a safety authority responsible for issuing safety certificates and align legislation with the EU rules on transport of dangerous goods by rail. Ensure financial stability by compensating for public service obligations in passenger transport and reducing debts.

                  —

                  Implement commitments taken under the first transitional phase of the European Common Aviation Area Agreement including the implementation of the relevant aviation legislation.

                  —

                  Strengthen the administrative capacity of the civil aviation authority.

            Chapter 15: Energy

                  —

                  Continue to align the legislation on the internal electricity and gas markets, energy efficiency and renewable energy sources with the acquis in order gradually to open up the energy market to competition.

                  —

                  Continue to strengthen the independence of the Energy Regulatory Commission.

                  —

                  Fulfil the obligations arising from the Energy Community Treaty as regards the full implementation of the acquis on the internal gas and electricity market and on cross border exchanges in electricity.

                  —

                  Enhance administrative capacity in all energy sectors. including the Energy Agency in the area of energy efficiency and renewable energy resources.

                  —

                  Construct an appropriate storage facility for radioactive materials.

                  —

                  Ensure the proper and independent functioning of the Radiation Safety Directorate.

            Chapter 16: Taxation

                  —

                  Increase the administrative capacity to implement tax legislation and to fight fiscal evasion.

                  —

                  Take structural measures urgently to reform control policy and improve control capacity.

                  —

                  Develop an audit strategy and adequate IT systems.

                  —

                  Commit to the principles of the Code of Conduct for business taxation and ensure that new tax measures comply with them.

            Chapter 18: Statistics

                  —

                  Strengthen the capacity of the State Statistical Office to ensure timely implementation of the next population census and to allow continuous development of national accounts and their underlying statistics; in particular, address remaining gaps in collection and processing of agricultural statistics and business statistics in line with EU standards and methodology and increase reporting of statistical data to Eurostat.

                  —

                  Finalise establishment of the statistical business register and farm register, including routines to ensure that the registers contain up-to-date information.

            Chapter 19: Employment and social policies

                  —

                  Continue transposition of the acquis and strengthen the related administrative and enforcement structures, including the Labour Inspectorate.

                  —

                  Ensure administrative capacity to implement social inclusion and social protection policies.

                  —

                  Ensure a functioning and representative social dialogue.

                  —

                  Take further efforts improve the situation of persons with disabilities.

            Chapter 20: Enterprise and industrial policy

                  —

                  Define and implement an industrial strategy conducive to growth and innovation.

                  —

                  Introduce systematic assessment of the impact of new regulations on enterprises.

                  —

                  Strengthen resources of the SME department and the SME agency and ensure implementation of SME strategy and Action Plan and the European Charter for Small Enterprises.

                  —

                  Continue work on regulatory simplification, ‘regulatory guillotine’ and reduction of bureaucratic barriers to doing business; introduce regulatory impact assessments.

            Chapter 22: Regional policy and coordination of structural instruments

                  —

                  Reinforce the establishment of institutional structures and strengthen administrative capacity in the areas of programming, project preparation, monitoring, evaluation and financial management and control, particularly at the level of line ministries, to implement EU pre-accession programmes as a preparation for the implementation of the Community's cohesion policy.

                  —

                  Finalise the national regional development strategy.

            Chapter 23: Judiciary and fundamental rights

                  —

                  Implement the national law on personal data protection. Sign and ratify the additional protocol to the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal data regarding supervisory authorities and trans-border data flow.

                  —

                     See for other priorities the section on political criteria.

            Chapter 24: Justice, freedom and security

                  —

                  Continue to implement the integrated border management action plan, develop the main databases for border management and ensure that they are connected, upgrade equipment for document analysis and border surveillance, ensure effective implementation of requirements for delivery of high-quality travel and identity documents and provide further training for staff.

                  —

                  Provide adequate funding and training for implementation of the police reform, strengthen coordination and cooperation both among police bodies and between the police and other law enforcement agencies and strengthen cooperation between the criminal police and the public prosecutors.

                  —

                  Develop and implement a comprehensive human resources and training strategy for the police and upgrade their equipment.

                  —

                  Further intensify the fight against organised crime, notably by making better use of special investigative measures and by promptly issuing and following up international arrest warrants (including for computer crime, with a special focus on child pornography), and create an integrated intelligence system for inter-agency use in the fight against organised crime, including trafficking in human beings, arms and drugs.

                  —

                  Strengthen efforts to implement the national action plan to combat human trafficking and the capacity to investigate computer crime.

                  —

                  Implement the EC/former Yugoslav Republic of Macedonia readmission agreement and negotiate readmission agreements with the countries of origin of transiting migrants.

                  —

                  Intensify the process of introduction of legal instruments guaranteeing the rights of persons in need of (international) protection.

                  —

                  Ensure alignment of asylum and aliens acts with the relevant acquis.

            Chapter 25: Science and research

                  —

                  Strengthen research and technological development capacity in order to ensure successful participation in the Community framework programmes.

                  —

                  Start designing an integrated research policy and take actions to integrate into the European Research Area.

            Chapter 26: Education and Culture

                  —

                  Complete the legislative and administrative framework for the management of the Lifelong Learning and Youth in Action programmes and strengthen the implementing bodies.

            Chapter 27: Environment

                  —

                  Continue legislative alignment with the acquis, in particular in the fields of air quality, waste management and water quality, and improve significantly implementation of legislation and environmental monitoring.

                  —

                  Strengthen the Environmental Inspectorate and other enforcement bodies, establish a credible enforcement record and ensure that fines and other sanctions are effectively applied and have a dissuasive effect.

                  —

                  Strengthen administrative capacity at national and local levels and improve coordination between administrative bodies in charge of environment-related issues.

                  —

                  Prepare strategic plans, including financial strategies, and prepare a national waste management strategy and waste management plan.

                  —

                  Develop an environmental investment strategy based on estimates of the cost of alignment.

                  —

                  Integrate environmental protection requirements into other sectoral policies, in particular by developing environmental impact assessments.

                  —

                  Increase investments in environmental infrastructure, with particular emphasis on waste water collection and treatment, drinking water supply, tackling air pollution and waste management.

            Chapter 29: Customs union

                  —

                  Increase administrative capacity to implement customs legislation and to fight cross-border crime.

                  —

                  Further approximate legislation and procedures to the acquis, in particular in the areas of transit and allocation of tariff quotas.

                  —

                  Align the law on technological/industrial development zones with the acquis.

            Chapter 31: Foreign, security and defence policy

                  —

                  Implement the legislation for enforcement of the common position in the field of international restrictive measures.

            Chapter 32: Financial control

                  —

                  Review the public internal financial control (PIFC) policy paper and present laws on PIFC and internal audit, in order to make both the PIFC policies and current legislation comprehensive and consistent, and update the action plan for implementation of the medium-term priorities related to PIFC.

                  —

                  Complete the establishment of internal audit units in central State institutions, create similar units at municipal level where appropriate and ensure adequate staff, training and equipment.

                  —

                  Develop efficient management, monitoring, control and audit systems necessary for decentralised implementation of programmes under the EU pre-accession instruments.

            3.2.   MEDIUM-TERM PRIORITIES
      Political criteria
      Democracy and the rule of law
      Government

                  —

                  Complete the decentralisation process.

            Public administration

                  —

                  Further develop the capacity of the administration to implement the Stabilisation and Association Agreement.

            Anti-corruption policy

                  —

                  Complete the implementation of the strategy to fight corruption.

                  —

                  Enforce regulations related to the prevention of conflict of interests, in line with international standards.

            Human rights and protection of minorities

                  —

                  Further promote respect for human rights by law enforcement bodies and in detention centres and prisons.

                  —

                  Further implement the strategy on equitable representation of non-majority communities.

            Regional issues and international obligations

                  —

                  Promote regional dialogue, stability, good neighbourliness and cooperation.

            Economic criteria

                  —

                  Step up efforts to safeguard the sustainability of the electricity market, in view of the country's commitments to liberalisation, by eliminating existing distortions due to non-cost-recovery prices and by strengthening the regulatory institutions and the physical infrastructure.

                  —

                  Raise the quality of public spending by strengthening the public sector's capacity for medium-term planning and improving the budgetary execution. Continue to improve the quality of education, by providing the follow-up funding for infrastructure and staffing necessary to implement thoroughly recent reforms in the education sector.

                  —

                  Continue to improve the labour market performance and to reduce unemployment, in particular by taking additional measures to address youth and long-term unemployment and by modernising the social security and educational system.

                  —

                  Continue efforts to integrate the informal sector into the formal economy.

                  —

                  Upgrade the country's infrastructure, in particular for energy and transport, in order to strengthen the competitiveness of the economy at large.

            Ability to assume the obligations of membership

            Chapter 1: Free movement of goods

                  —

                  Develop a market surveillance structure in line with the acquis.

            Chapter 3: Right of establishment and freedom to provide services

                  —

                  Align with the EU acquis on mutual recognition of professional qualifications, including training provisions, and develop the required administrative structures.

                  —

                  Align with the postal services acquis, including establishment of an independent national regulatory authority.

            Chapter 5: Public procurement

                  —

                  Achieve fully operational public procurement structures which ensure that public procurement procedures are conducted fully in accordance with the EC standards. Develop e-procurement.

            Chapter 7: Intellectual property law

                  —

                  Build up the capacity necessary to implement and enforce the acquis in each area covered by this chapter and establish a satisfactory track record on investigation, prosecution and judicial handling of piracy and counterfeiting.

            Chapter 8: Competition policy

                  —

                  Further align the legislation with the EU anti-trust and State aid acquis.

                  —

                  Further improve the enforcement record in the areas of anti-trust and State aid control.

                  —

                  Increase awareness among government institutions, business and the general public.

            Chapter 9: Financial services

                  —

                  Establish a credible enforcement record on combating uninsured driving.

                  —

                  Further align with EU legislation in financial services.

            Chapter 11: Agriculture and rural development

                  —

                  Upgrade the capacity of the agricultural administration and complete preparations for enforcement and practical application of the management mechanisms of the common agricultural policy, in particular the integrated administration and control system (IACS), and ensure a functioning land parcel identification system (LPIS).

            Chapter 12: Food safety, veterinary and phytosanitary policy

                  —

                  Further align the legislation with the acquis regarding transmissible spongiform encephalopathies (TSE) and animal by-products, implement and control its enforcement and set up the necessary collection and treatment system.

                  —

                  Establish a properly staffed plant health authority. Further align the phytosanitary legislation with the acquis.

                  —

                  Adopt a plan for the upgrading of agri-food establishments and start its implementation.

                  —

                  Strengthen the laboratory capacity in the food safety, veterinary and phytosanitary domain.

            Chapter 14: Transport policy

                  —

                  Continue to work towards complete alignment with the acquis in the area of road transport (including the implementation of the digital tachograph), continue alignment with the railway acquis (first and second railway packages and interoperability), achieve full alignment with the aviation legislation and ensure vigorous enforcement of the corresponding legislation.

                  —

                  Implement commitments taken under the second transitional phase of the European Common Aviation Area Agreement.

            Chapter 15: Energy

                  —

                  Continue efforts to ensure an adequate supply of energy and to develop and implement an energy policy in line with the obligations under the Energy Community Treaty.

            Chapter 17: Economic and monetary policy

                  —

                  Align the legal framework in order to ensure full central bank independence.

            Chapter 18: Statistics

                  —

                  Further develop all areas of statistics, achieve full harmonisation in key areas in terms of frequency, scope, classifications, timeliness and quality and put in place a uniform management and production system.

                  —

                  Put in place a well coordinated national statistical system.

            Chapter 19: Employment and social policies

                  —

                  Develop permanent mechanism for social dialogue.

                  —

                  Develop long term social inclusion policies and enhance access to the labour market of vulnerable groups.

                  —

                  Further enhance social protection policies.

                  —

                  Develop mechanisms to monitor the situation of persons with disabilities.

            Chapter 20: Enterprise and industrial policy

                  —

                  Further develop support mechanisms for SMEs and improve access for SMEs to financial services- Define and implement an industrial strategy conducive to growth and innovation.

                  —

                  Finalise and implement the strategy development on the mainstreaming of entrepreneurship education based on successful donor supported pilot projects.

            Chapter 22: Regional policy and coordination of structural instruments

                  —

                  Strengthen at central level and develop at regional and local level the administrative capacity. Ensure a clear distribution of responsibilities and strengthen capacity of coordination between designated implementing authorities/structures including local authorities.

            Chapter 24: Justice, freedom and security

                  —

                  Ensure alignment with the relevant acquis in the area of asylum and immigration.

            Chapter 25: Science and research

                  —

                  Apply an integrated research policy.

            Chapter 26: Education and Culture

                  —

                  Continue efforts to improve the quality of education, including primary education, and to create a modern vocational education and training system and a higher education sector linked with the labour market and economic needs and promoting of regional cooperation in the field of higher education.

            Chapter 27: Environment

                  —

                  Continue to integrate environmental protection requirements into other sectoral policies, in particular by developing environmental impact assessments.

                  —

                  Further increase investments in environmental infrastructure, with particular emphasis on waste water collection and treatment, drinking water supply, tackling air pollution and waste management.

            Chapter 28: Consumer and health protection

                  —

                  Complete alignment with the EU acquis in the field of consumer protection and strengthen the administrative capacity needed for effective market surveillance.

                  —

                  Continue alignment with the EU acquis in the field of public health policy, more specifically in the fields of tobacco, blood, tissues and cells and communicable diseases. Strengthen the institutional, administrative and financial capacity in the field of public health.

                  —

                  In the area of mental health, develop community-based services as an alternative to institutionalisation, and ensure allocation of sufficient financial resources for mental health care.

            Chapter 31: Foreign, security and defence policy

                  —

                  Bring the agreement concluded with the USA regarding the conditions of surrender of people to the International Criminal Court into line with the EU guiding principles adopted by the European Council in September 2002.

            Chapter 32: Financial control

                  —

                  Further develop and implement the EU's public internal financial control (PIFC) model (decentralised managerial accountability and functionally independent internal audit) by means of coherent legislation and adequate institutional capacity under the guidance of the Ministry of Financial Affairs.

                  —

                  Further strengthen the operational capacity and the functional and financial independence of the State Audit Office.

                  —

                  Implement procedures and administrative capacity to ensure effective protection of the EC's financial interests.

            4.   PROGRAMMING
      Community assistance under the stabilisation and association process to the Western Balkan countries will be provided under the existing financial instruments, in particular by Regulation (EC) No 1085/2006 (IPA), and for programmes adopted before 2007, Council Regulation (EC) No 2666/2000 (CARDS Regulation) (1). The financing agreements serve as legal basis for the implementation of the concrete programmes. Accordingly, this Decision will have no financial implications. The former Yugoslav Republic of Macedonia can have access to funding from multi-country and horizontal programmes.
      5.   CONDITIONALITY
      Assistance to the Western Balkan countries is conditional on progress on satisfying the Copenhagen criteria and on meeting the requirements of the Stabilisation and Association Agreement and the specific priorities of this Accession Partnership. Failure to respect these conditions could lead the Council to take appropriate measures on the basis of Article 21 of Regulation (EC) No 1085/2006 or, in the case of pre-2007 programmes, on the basis of Article 5 of Regulation (EC) No 2666/2000. The assistance is also subject to the conditions defined by the Council in its conclusions of 29 April 1997, in particular as regards the recipients' undertaking to carry out democratic, economic and institutional reforms. Specific conditions are also included in individual annual programmes. The financing decisions will be followed by a financing agreement signed with the Yugoslav Republic of Macedonia.
      6.   MONITORING
      Implementation of the Accession Partnership will be examined by the mechanisms established under the Stabilisation and Association Process, notably the annual reports presented by the Commission.

         (1)  OJ L 306, 7.12.2000, p. 1. Regulation as last amended by Regulation (EC) No 2112/2005 (OJ L 344, 27.12.2005, p. 23).


title: Council Decision 2013/43/CFSP of 22 January 2013 on continued Union activities in support of the Arms Trade Treaty negotiations, in the framework of the European Security Strategy

text:
               23.1.2013

               EN

               Official Journal of the European Union

               L 20/53

      COUNCIL DECISION 2013/43/CFSP
   of 22 January 2013
   on continued Union activities in support of the Arms Trade Treaty negotiations, in the framework of the European Security Strategy
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 26(2) and 31(1) thereof,
   Whereas:

               (1)

               On 12 December 2003, the European Council adopted a European Security Strategy that called for an international order based on effective multilateralism. The European Security Strategy acknowledges the United Nations (UN) Charter as the fundamental framework for international relations. Strengthening the UN, equipping it to fulfil its responsibilities and to act effectively, is a priority of the Union.

               (2)

               On 6 December 2006, the UN General Assembly adopted Resolution 61/89 entitled ‘Towards an Arms Trade Treaty: establishing common international standards for the import, export and transfer of conventional arms’, through which it sought the views of UN Member States about a potential Treaty, and established a Group of Governmental Experts (GGE) to continue considering it, thus initiating the UN process for an Arms Trade Treaty (the ‘ATT process’).

               (3)

               On 2 December 2009, the UN General Assembly adopted Resolution 64/48 entitled ‘The Arms Trade Treaty’, by which it decided to convene in 2012 a UN Conference on the Arms Trade Treaty in order to elaborate a legally binding instrument on the highest possible common international standards for transfers of conventional arms.

               (4)

               In its conclusions of 11 December 2006, 10 December 2007, 12 July 2010, and 25 June 2012, the Council welcomed the different stages of the ATT process and expressed its strongest commitment to the success of the negotiation of a new legally binding international instrument that should establish the highest possible common international standards to regulate legal trade in conventional weapons, and that should be relevant to all UN Member States and could therefore be universal.

               (5)

               In order to promote the inclusiveness and relevance of the ATT process, the Council adopted on 19 January 2009 Decision 2009/42/CFSP on support for EU activities in order to promote among third countries the process leading towards an Arms Trade Treaty, in the framework of the European Security Strategy (1), and on 14 June 2010 Decision 2010/336/CFSP on EU activities in support of the Arms Trade Treaty, in the framework of the European Security Strategy (2), consisting of a series of regional seminars of worldwide coverage. The aim of those outreach events was to support the preparatory process leading up to the 2012 UN Conference on the Arms Trade Treaty, by broadening discussions and making concrete recommendations; and to support UN Member States in developing and improving expertise to implement effective arms transfer controls, once the Treaty would enter into force.

               (6)

               The UN Conference on the Arms Trade Treaty was convened at the UN Headquarters in New York from 2 to 27 July 2012, to elaborate a legally binding instrument on the highest possible common international standards for the transfer of conventional arms. The Conference was not able to agree on a concluding document within the timeframe set for it. However, considerable progress was achieved during the negotiations, as reflected in the draft Treaty text submitted by the President of the Conference on 26 July 2012.

               (7)

               On 7 November 2012, the UN General Assembly First Committee adopted a draft resolution entitled ‘The Arms Trade Treaty’, that decided to convene in New York from 18 to 28 March 2013 the Final UN Conference on the Arms Trade Treaty, to be governed by the rules of procedure adopted for the July 2012 Conference, in order to finalise the elaboration of the Arms Trade Treaty on the basis of the draft Treaty text submitted by the President of the previous UN Conference on 26 July 2012.

               (8)

               Considering the outcome of the July 2012 UN Conference, the activities established by Decision 2009/42/CFSP and Decision 2010/336/CFSP, and the need to contribute to the successful conclusion of the negotiations, the Union should continue to support the ATT process to ensure that it leads to the adoption of an effective and implementable legally binding Treaty without delay. The continued Union support to the ATT process should contribute to the successful completion of negotiations at the UN Conference on 18 to 28 March 2013, and promote implementation efforts in third countries that would have to comply with a future Arms Trade Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   For the purpose of supporting the Arms Trade Treaty (the ‘ATT’), the Union shall undertake activities with the following objectives:

               —

               to support the successful completion of the UN negotiations on an ATT;

               —

               to support UN Member States in developing and improving national and regional expertise to implement effective arms transfer controls, in order to ensure that the future ATT when entering into force, will be as effective as possible.

         2.   In order to achieve the objectives referred to in paragraph 1, the Union shall undertake the following project activity:

               —

               the organisation of two seminars for government experts aiming at facilitating the conclusion of negotiations and the future implementation of the ATT.

         A detailed description of the project activity referred to in this paragraph is set out in the Annex.
   Article 2
   1.   The High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) shall be responsible for implementing this Decision.
   2.   The technical implementation of the project activity referred to in Article 1(2) shall be carried out by the EU Non-proliferation Consortium (the ‘Consortium’).
   3.   The Consortium shall perform its task under the responsibility of the High Representative. For this purpose, the High Representative shall enter into the necessary arrangements with the Consortium.
   Article 3
   1.   The financial reference amount for the implementation of the project activity referred to in Article 1(2) shall be EUR 160 800.
   2.   The expenditure financed by the amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the Union’s budget.
   3.   The Commission shall supervise the proper management of the expenditure referred to in paragraph 1. For this purpose, it shall conclude a financing agreement with the Consortium. The agreement shall stipulate that the Consortium is to ensure the visibility of the Union’s contribution, appropriate to its size.
   4.   The Commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in that process and of the date of conclusion of the financing agreement.
   Article 4
   1.   The High Representative shall report to the Council on the implementation of this Decision on the basis of regular reports following the organisation of each of the seminars. The reports will be prepared by the Consortium and they shall form the basis for the evaluation carried out by the Council.
   2.   The Commission shall provide information on the financial aspects of the implementation of the project activity referred to in Article 1(2).
   Article 5
   This Decision shall enter into force on the date of its adoption.
   It shall expire 24 months after the date of conclusion of the financing agreement referred to in Article 3(3), or six months after the date of its adoption if no financing agreement has been concluded within that period.

      Done at Brussels, 22 January 2013.

            For the Council

            The President

         M. NOONAN

      (1)  OJ L 17, 22.1.2009, p. 39.

      (2)  OJ L 152, 18.6.2010, p. 14.

      ANNEX

         PROJECT ACTIVITY REFERRED TO IN ARTICLE 1(2)

      1.   Objective

      The overall objective of this Decision is to support the successful completion of the UN negotiations on an Arms Trade Treaty (ATT), and to support UN Member States in preparation to achieve the full implementation of the ATT once it will enter into force.
      2.   Description of the project activity

      2.1.   Objectives

      The project activity will assist Union efforts aimed at supporting the finalisation of the negotiation of an ATT that will ‘establish the highest possible common international standards to regulate legal trade in conventional weapons’ and as a result ‘make trade in arms more responsible and transparent, thus contributing to reinforcing peace and security, regional stability and sustainable social and economic development’. In particular the project activity will:

                  —

                  contribute to the delivery of a strong and robust ATT based on the draft Treaty text of 26 July 2012;

                  —

                  continue Union efforts to encourage third countries to support the elaboration and implementation of a legally binding ATT, establishing international common standards for the global trade in conventional arms;

                  —

                  promote Union efforts to strengthen arms transfer controls in third countries; and

                  —

                  support third countries’ efforts at the national level in preparation to achieve the full implementation of the ATT once it will enter into force.

            2.2.   Results

      The implementation of the project activity will result in:

                  —

                  a forum for a group of key governmental stakeholders to help UN Member States prepare for the UN Conference on an ATT to be convened in March 2013, and to help States prepare for the early entry into force and full implementation of an ATT. This forum will also examine ways in which existing activities in the field of international assistance for strengthening arms export controls can be coordinated and maximised;

                  —

                  a publicly available 20-page report. This report will outline how to build on existing Union and international outreach and assistance activities to support efforts by third countries to put in place transfer control systems that fulfil obligations under an ATT.

            2.3.   Description of activities

      To meet the objectives outlined in point 2.1, this project will include three activities: two seminars and a report.
      2.3.1.   Seminars for governmental representatives

      The project will provide for the organisation of two two-day residential seminar for 30 to 40 governmental experts. The location and dates of each of the two seminars will be determined in consultations with the High Representative and the relevant Council Working Group.
      (a)   Structure of the seminars
      The two seminars will provide for a discussion on a series of issues, including:

                  —

                  ways to achieve the successful completion of negotiation of an ATT at the March 2013 UN Conference, on the basis of the draft Treaty text of 26 July 2012;

                  —

                  means of ensuring the earliest possible entry into force of an ATT;

                  —

                  best practices of national, regional, and international assistance to help achieve the entry into force and full implementation of the ATT;

                  —

                  legal, technical, material and financial elements needed to ensure the development of national systems necessary to fulfil obligations under an ATT.

            A short ‘food for thought’ paper highlighting the key issues to be discussed will be prepared in advance of each of the seminars. A summary of the seminar will be prepared and submitted to the High Representative and relevant Council Working Groups shortly after its conclusion.
      The detailed and final agenda of the seminars will be determined in consultations with the High Representative and the relevant Council Working Group.
      (b)   Participants in the seminars
      Participants in the seminars will include up to 40 governmental representatives of selected UN Member States participating in the ATT negotiations. The detailed and final list of participants for each of the two seminars will be determined in consultations with the High Representative and the relevant Council Working Group.
      2.3.2.   Report on Union and international assistance to third countries in implementing an ATT

      Following the completion of the two seminars, a 20-page report will be published outlining how existing Union and international outreach and assistance activities aimed at strengthening transfer controls can be developed and expanded to help UN Member States fulfil obligations under an ATT. A principal aim of the report will be to recommend measures to support the early entry into force of the ATT.
      The report will be intended to assist with deliberations on future outreach and assistance to support the implementation of the ATT. It is envisaged that this report will be a public output resulting from this Decision and will ensure continued visibility of the Union’s contribution to ensuring a strong and robust ATT.
      3.   Duration

      The implementation period of the project activity is 12 months after the date of conclusion of the financing agreement referred to in Article 3(3).
      4.   Beneficiaries

      The beneficiaries of this project activity will be UN Member States, with particular emphasis on State authorities responsible for setting national policies vis-à-vis the ATT and its future implementation. The selection of specific State beneficiaries will be determined in consultations with the High Representative and the relevant Council Working Group.
      5.   Implementing entity

      The technical implementation of this Decision will be entrusted to the Consortium. The Consortium will perform its task under the responsibility of the High Representative. The Consortium will ensure the visibility of the Union’s contribution, appropriate to its size.


Avis juridique important

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32001D0073

2001/73/EC: Council Decision of 19 January 2001 appointing a German full member of the Committee of the Regions

Official Journal L 026 , 27/01/2001 P. 0036 - 0036

Council Decisionof 19 January 2001appointing a German full member of the Committee of the Regions(2001/73/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the Council Decision of 26 January 1998 appointing the members and alternate members of the Committee of the Regions(1),Whereas a seat as a full member of the Committee of the Regions has become vacant following the resignation of Mr Franz Josef JUNG, notified to the Council on 28 November 2000;Having regard to the proposal from the German Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr Jochen RIEBEL is hereby appointed a full member of the Committee of the Regions in place of Mr Franz Josef JUNG for the remainder of his term of office, which runs until 25 January 2002.Done at Brussels, 19 January 2001.For the CouncilThe PresidentB. Ringholm(1) OJ L 28, 4.2.1998, p. 19.


title: 2010/495/EU, Euratom: Decision of the European Parliament of 5 May 2010 on discharge in respect of the implementation of the budget of the Education, Audiovisual and Culture Executive Agency for the financial year 2008

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/31

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on discharge in respect of the implementation of the budget of the Education, Audiovisual and Culture Executive Agency for the financial year 2008
   (2010/495/EU, Euratom)
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2008 (1),
   having regard to the final annual accounts of the European Communities for the financial year 2008 — Volume I (SEC(2009) 1089 — C7-0172/2009) (2),
   having regard to the final annual accounts of the Education, Audiovisual and Culture Executive Agency for the financial year 2008,
   having regard to the Commission’s annual report to the European Parliament on the follow-up to 2007 discharge decisions (COM(2009) 526), and to the Commission staff working document accompanying that report (SEC(2009) 1427),
   having regard to the Commission communication entitled ‘Synthesis of the Commission’s management achievements in 2008’ (COM(2009) 256),
   having regard to the Commission’s annual report to the discharge authority on internal audits carried out in 2008 (COM(2009) 419), and to the Commission staff working document accompanying that report (SEC(2009) 1102),
   having regard to the Court of Auditors’ report on the annual accounts of the Education, Audiovisual and Culture Executive Agency for the financial year 2008, together with the Agency’s replies (3),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions, provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (4),
   having regard to the Commission communication of 16 December 2008 on a common understanding of the concept of tolerable risk of error (COM(2008) 866), and to the Commission staff working document accompanying that communication (SEC(2008) 3054),
   having regard to the Council’s recommendation of 16 February 2010 on the discharge to be given to the executive agencies in respect of the implementation of the budget for the financial year 2008 (5828/2010 — C7-0055/2010),
   having regard to Articles 274, 275 and 276 of the EC Treaty, Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union and Articles 179a and 180b of the Euratom Treaty,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 55, 145, 146 and 147 thereof,
   having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (6), and in particular Article 14(3) thereof,
   having regard to Commission Regulation (EC) No 1653/2004 of 21 September 2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (7), and in particular the first and second paragraphs of Article 66 thereof,
   having regard to Commission Decision 2005/56/EC of 14 January 2005 setting up the Education, Audiovisual and Culture Executive Agency for the management of Community action in the fields of education, audiovisual and culture in application of Council Regulation (EC) No 58/2003 (8),
   having regard to Rule 76 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A7-0099/2010),

               A.

               whereas under Article 317 of the Treaty on the Functioning of the European Union the Commission implements the budget in cooperation with the Member States on its own responsibility, having regard to the principle of sound financial management,

               1.

               Grants the Director of the Education, Audiovisual and Culture Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2008;

               2.

               Sets out its observations in the resolution that forms an integral part of the Decisions on discharge in respect of the implementation of the European Union general budget for the financial year 2008, Section III — Commission and executive agencies;

               3.

               Instructs its President to forward this Decision, together with the Decision on discharge in respect of the implementation of the European Union general budget for the financial year 2008, Section III — Commission and the resolution that forms an integral part of those Decisions, to the Director of the Education, Audiovisual and Culture Executive Agency, the Council, the Commission, the Court of Justice of the European Union and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 71, 14.3.2008.

      (2)  OJ C 273, 13.11.2009, p. 1.

      (3)  OJ C 304, 15.12.2009, p. 65.

      (4)  OJ C 273, 13.11.2009, p. 122.

      (5)  OJ L 248, 16.9.2002, p. 1.

      (6)  OJ L 11, 16.1.2003, p. 1.

      (7)  OJ L 297, 22.9.2004, p. 6.

      (8)  OJ L 24, 27.1.2005, p. 35.


title: 2012/643/EU: Council Decision of 24 September 2012 on the signing, on behalf of the Union, of the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security

text:
               18.10.2012

               EN

               Official Journal of the European Union

               L 287/1

         COUNCIL DECISION
   of 24 September 2012
   on the signing, on behalf of the Union, of the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security
   (2012/643/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4) first subparagraph, in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Union and Canada should expand their customs cooperation to cover matters of supply chain security and related risk management with a view to increasing end-to-end supply chain security and at the same time facilitating legitimate trade.

               (2)

               For this purpose, on 26 November 2009 the Council authorised the Commission to open negotiations with Canada. The Commission has negotiated, on behalf of the Union, an Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security (the ‘Agreement’).

               (3)

               The position to be adopted by the Union within the EU-Canada Joint Customs Cooperation Committee (JCCC), when called upon to adopt acts having legal effects, should be decided in accordance with the procedure set out in Article 218(9) of the Treaty on the Functioning of the European Union. Where necessary, other positions to be taken by the Union within the JCCC should be established by the Council in accordance with Article 16 of the Treaty on European Union.

               (4)

               The Agreement should be signed on behalf of the Union, subject to its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement (1).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 24 September 2012.

            For the Council

            The President

         S. ALETRARIS

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


title: Decision (EU) 2015/1613 of the European Central Bank of 10 September 2015 amending Decision (EU) 2015/5 on the implementation of the asset-backed securities purchase programme (ECB/2015/31)

text:
               25.9.2015

               EN

               Official Journal of the European Union

               L 249/28

         DECISION (EU) 2015/1613 OF THE EUROPEAN CENTRAL BANK
   of 10 September 2015
   amending Decision (EU) 2015/5 on the implementation of the asset-backed securities purchase programme (ECB/2015/31)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular to the second subparagraph of Article 12.1 in conjunction with the first indent of Article 3.1, and Article 18.1 thereof,
   Whereas:

               (1)

               On 4 September 2014, the Governing Council decided that a new asset-backed securities purchase programme (ABSPP) should be initiated. On 2 October 2014, the Governing Council announced the details of the ABSPP and decided that the eligibility criteria for guaranteed mezzanine tranches of asset-backed securities (ABS) would be communicated at a later stage.

               (2)

               On 18 March 2015, the Governing Council decided that mezzanine tranches of ABS would be considered for purchase under the ABSPP if such mezzanine tranches are secured by an appropriate guarantee that complies with the Eurosystem collateral framework criteria. Decision ECB/2014/45 (1) concerns the implementation of the ABSPP and it is necessary for this Decision to be updated to reflect these changes.

               (3)

               Therefore, Decision ECB/2014/45 should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Amendments
   Decision ECB/2014/45 is amended as follows:

               1.

               in Article 2, point (2) is replaced by the following:

                           ‘(2).

                           Other than as provided in point 1 above and point 9 below, the ABS fulfil the eligibility criteria applicable to ABS submitted as collateral for Eurosystem monetary policy operations as laid down in Guideline ECB/2014/60 (2).

                  (2)  Guideline (EU) 2015/510 of the European Central Bank of 19 December 2014 on the implementation of the Eurosystem monetary policy framework (ECB/2014/60) (OJ L 91, 2.4.2015, p. 3).’;"

               2.

               in Article 2, the following point (9) is added:

                           ‘(9).

                           The requirements set out in Article 77 of Guideline ECB/2014/60 shall not apply to ABS mezzanine tranches that are only eligible for purchase under the ABSPP if they:

                                       (a)

                                       are secured by a guarantee:

                                                   (i)

                                                   meeting the requirements for guarantees of marketable assets as set out in Articles 114, 115, 117 and 118 of Part Four, Title IV of Guideline (EU) 2015/510 (ECB/2014/60); and

                                                   (ii)

                                                   issued by a guarantor with a credit assessment in accordance with Article 83(c) of Guideline ECB/2014/60 and provided by at least one accepted ECAI system, expressed in the form of a public credit rating, in compliance with, as a minimum, credit quality step 3 in the Eurosystem's harmonised rating scale; and

                                       (b)

                                       satisfy all other applicable eligibility criteria for purchase under the ABSPP.

                                 For the purposes of this Decision, “mezzanine tranche” means a tranche of an ABS issue that, in accordance with the post-enforcement priority of payments, and if applicable, the post-acceleration priority of payments as set out in the prospectus:

                                       (a)

                                       ranks below the non-subordinated tranche or sub-tranches of the same ABS issue as set out in Article 77 of Guideline ECB/2014/60; and

                                       (b)

                                       ranks above the most subordinated tranche or sub-tranches that are the first to bear losses incurred on the securitised exposures and which thereby provide protection to the second loss and, where relevant, higher ranking tranches or sub-tranches.’

         Article 2
   Entry into force
   This Decision shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

      Done at Frankfurt am Main, 10 September 2015.

            The President of the ECB

         Mario DRAGHI

      (1)  Decision (EU) 2015/5 of the European Central Bank of 19 November 2014 on the implementation of the asset-backed securities purchase programme (ECB/2014/45) (OJ L 1, 6.1.2015, p. 4).