title: Council Decision (EU) 2016/2310 of 17 October 2016 on the position to be taken on behalf of the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, as regards the adoption of EU-Jordan Partnership Priorities, including the Compact

text:
               20.12.2016

               EN

               Official Journal of the European Union

               L 345/50

         COUNCIL DECISION (EU) 2016/2310
   of 17 October 2016
   on the position to be taken on behalf of the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, as regards the adoption of EU-Jordan Partnership Priorities, including the Compact
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               The Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part (1) (the ‘Agreement’) was signed on 24 November 1997 and entered into force on 1 May 2002.

               (2)

               A Joint Communication by the High Representative and by the European Commission of 18 November 2015 on the Review of the European Neighbourhood Policy has been welcomed by the Council Conclusions of 14 December 2015, where, inter alia, the Council confirmed the intention to start a new phase of engagement with partners in 2016 which could lead to the setting of new partnership priorities, where appropriate, focused on agreed priorities and interests.

               (3)

               The shared goal of the Union and Jordan for a common area of peace, prosperity and stability necessitates working together, particularly through co-ownership and differentiation, and taking account of Jordan's key role in the region.

               (4)

               While addressing the most urgent challenges, the Union and Jordan continue to pursue the core objectives of their long-term partnership and to enhance the stability and resilience of the country and the region as well as sustained and knowledge-based economic growth and social development in accordance with the rule of law and based on democratic governance.

               (5)

               The position of the Union within the Association Council set up by the Agreement should therefore be based on the attached draft Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken on behalf of the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, as regards the adoption of EU-Jordan Partnership Priorities, including the Compact, shall be based on the draft Decision of the EU-Jordan Association Council attached to this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 17 October 2016.

            For the Council

            The President

         F. MOGHERINI

      (1)  Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part (OJ L 129, 15.5.2002, p. 3).

      DRAFT
      DECISION No 1/2016 OF THE 12th EU-JORDAN ASSOCIATION COUNCIL
      of …
      agreeing on EU-Jordan Partnership Priorities
      THE EU-JORDAN ASSOCIATION COUNCIL,
      Having regard to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part,
      Whereas:

                  (1)

                  The Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part (the ‘Agreement’) was signed on 24 November 1997 and entered into force on 1 May 2002.

                  (2)

                  Article 91 of the Agreement gives the Association Council the power to take decisions for the purposes of attaining the objectives of the Agreement and to make appropriate recommendations.

                  (3)

                  Article 101 of the Agreement states that the Parties are to take any general or specific measures required to fulfil their obligations under the Agreement and are to see to it that the objectives set out in the Agreement are attained.

                  (4)

                  The Review of the European Neighbourhood Policy proposed a new phase of engagement with partners, allowing for a greater sense of ownership by both sides.

                  (5)

                  The EU and Jordan have agreed to consolidate their partnership by agreeing on a set of priorities for the period 2016-2018, with the aim of supporting and strengthening Jordan's resilience and stability while seeking to address the impact of the protracted conflict in Syria.

                  (6)

                  The Parties to the Agreement have agreed on the text of the EU-Jordan Partnership Priorities, including the Compact, which will support the implementation of the Agreement, focusing on cooperation in relation to commonly identified shared interests,

            HAS ADOPTED THIS DECISION:
      Article 1
      The Association Council recommends that the Parties implement the EU-Jordan Partnership Priorities, including the Compact, which are set out in the Annex to this Decision.
      Article 2
      The Association Council decides that the EU-Jordan Action Plan, which entered into force in October 2012, is replaced by the EU-Jordan Partnership Priorities, including the Compact.
      Article 3
      This Decision shall enter into force on the date of its adoption.

         Done at …,

               For the EU-Jordan Association Council

               The President


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32003D0425

2003/425/EC: Commission Decision of 11 June 2003 setting up a group of experts to advise the Commission on a strategy for dealing with accidents in the transport sector

Official Journal L 144 , 12/06/2003 P. 0010 - 0011

Commission Decisionof 11 June 2003setting up a group of experts to advise the Commission on a strategy for dealing with accidents in the transport sector(2003/425/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas:(1) A high and uniform level of protection for European citizens should at all times be ensured in all modes of transport, and a strategy should be introduced to reduce the number of accidents. Independent technical investigations of transport accidents and incidents are one way of improving safety by identifying the causes of such accidents and thereby preventing them from occurring.(2) Investigations into the causes of accidents should not be linked to compensation for damages or determination of liability. Therefore, they should be independent of investigations conducted by the judicial authorities, insurance companies, industry, operators and regulators, or any other party whose interests could conflict with the task entrusted to the investigating body or entity.(3) In its White Paper on European transport policy for 2010: time to decide(1), the Commission indicated that there is a growing need for independent technical investigations geared towards revealing the causes of accidents and ways of improving legislation. For this purpose, in the White Paper the Commission recommended the creation of "a group of independent experts within the Commission, whose job would be to improve the existing legislation and adapt the (European) methodology, inter alia, to technical developments".(4) For the examination of all issues pertinent to independent technical accident investigations, the Commission intends to set up a Group of Experts to advise the Commission on a strategy for dealing with accidents in the transport sector.(5) The setting up of this Group will contribute to the advancement of Community policy in the field of independent accident investigations, alongside other appropriate consultation procedures. The Group should advise the Commission on the need to improve existing legislation, and, where necessary, on the need to propose new initiatives for all modes of transport, including transport of energy (oil and gas pipelines),HAS ADOPTED THIS DECISION:Article 1SubjectA group of experts to advise the Commission on a strategy for dealing with accidents in the transport sector, hereinafter referred to as the "Group of Experts", is hereby set up.Article 2MissionThe Group of Experts shall advise the Commission on the need to improve existing legislation, and, where necessary, on the need to propose new initiatives for all modes of transport, including the transport of energy (oil and gas pipelines), but excluding the occupational health and safety aspects.Article 3CompositionThe Group of Experts shall be composed of qualified individuals competent to consider matters relating to transport safety issues, in particular independent technical accidents investigations in all modes of transport, including the transport of energy (oil and gas pipelines). The Group shall have 12 members and be chaired by a representative of the Commission.Article 4Appointment1. The members of the Group of Experts shall be appointed individually by the Commission on the basis of objective criteria of proven competence and experience. They shall have a two-year renewable mandate with one possibility of renewal by a Commission decision.2. When their mandate lapses, members of the Group of Experts shall remain in office until such time as they are replaced or their mandate renewed.3. A member's mandate shall lapse before expiry thereof in the event of resignation or death. In such case, the member shall be replaced and shall be appointed by the Commission pursuant to the procedure mentioned in paragraph 2.4. A call for applications for the membership shall be published in the Official Journal of the European Union. The Commission shall select the members on the basis of the applications received following this call. The selection criteria shall take account of the candidates' competence and experience, their representativeness and their ability to contribute to strategic discussions, and will promote a balance in terms of specialists from the various modes of transport.5. The Commission will publish the list of members for information in the Official Journal of the European Union.Article 5Terms of office, working groups and additional experts1. The Group of Experts shall meet in plenary session twice a year at the Commission headquarters on invitation by the Commission.2. In fulfilment of its mission as set out in Article 2, the Group of Experts may set up ad hoc working groups.3. The Chairman may decide to invite other experts to address particular matters, at the request of a member or on his or her own initiative.4. The members of the Group of Experts and any experts invited under paragraph 3 shall have their travel and subsistence expenses reimbursed in accordance with the provisions in force within the Commission.Article 6ConfidentialityWithout prejudice to the provisions of Article 287 of the EC Treaty, the members of the Group of Experts shall not divulge any information they obtain through their work in the Group of Experts or its working groups.Article 7Rules of procedure and secretariat1. The Group of Experts shall adopt its rules of procedure.2. The secretariat of the Group of Experts shall be provided by the Commission.Article 8Entry into forceThe Decision shall take effect on the day of its publication in the Official Journal of the European Union.Done at Brussels, 11 June 2003.For the CommissionLoyola De PalacioVice-President(1) COM(2001) 370, 12 September 2001, p. 69.


title: Decision (EU) 2015/1872 of the European Parliament and of the Council of 6 October 2015 on the mobilisation of the EU Solidarity Fund

text:
               20.10.2015

               EN

               Official Journal of the European Union

               L 275/30

         DECISION (EU) 2015/1872 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 6 October 2015
   on the mobilisation of the EU Solidarity Fund
   THE EUROPEAN PARLIAMENT AND 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 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (1) and in particular Article 4(3) thereof,
   Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 11 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Union Solidarity Fund (the ‘Fund’) aims to enable the Union to respond in a rapid, efficient and flexible manner to emergency situations and to show solidarity with the population of regions struck by disasters.

               (2)

               The Fund is not to exceed a maximum annual amount of EUR 500 million (2011 prices), as laid down in Article 10 of Council Regulation (EU, Euratom) No 1311/2013 (3).

               (3)

               Bulgaria has submitted an application to mobilise the Fund, concerning severe winter conditions.

               (4)

               Greece has submitted two applications to mobilise the Fund, concerning floods.

               (5)

               The Commission has assessed that the applications meet the conditions for awarding aid from the Fund, as laid down in Regulation (EC) No 2012/2002.

               (6)

               The Fund should therefore be mobilised in order to provide a financial contribution for the full amount of EUR 16 274 765 in respect of the applications submitted by Bulgaria and Greece.

               (7)

               There is scope for reallocating appropriations in accordance with the second sentence of point 11 of the Interinstitutional Agreement of 2 December 2013. The appropriations for advances for the financial year 2015 have been used, to a very limited extent, for the three applications which are the subject of this Decision and for which the remaining balance to be paid is EUR 14 647 288. Consequently, the full amount for the mobilisation will be financed through the reallocation of the available appropriations for advances in the general budget of the European Union for the financial year 2015, and no additional appropriations are needed.

               (8)

               In order to minimise the time taken to mobilise the Fund, this decision should apply from the date of its adoption,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2015, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 16 274 765 in commitment and payment appropriations.
   The full amount of this mobilisation shall be financed using the appropriations mobilised by Decision (EU) 2015/422 of the European Parliament and of the Council (4) for the payment of advances in the Union budget for the financial year 2015, available on budget line 13 06 01. The amount available on that budget line for advances shall be reduced accordingly.
   Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply from 6 October 2015.

      Done at Strasbourg, 6 October 2015.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         N. SCHMIT

      (1)  Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (OJ L 311, 14.11.2002, p. 3).

      (2)  OJ C 373, 20.12.2013, p. 1.

      (3)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).

      (4)  Decision (EU) 2015/422 of the European Parliament and of the Council of 17 December 2014 on the mobilisation of the European Union Solidarity Fund (OJ L 68, 13.3.2015, p. 47).


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32000D0633

2000/633/EC, ECSC, Euratom: Commission Decision of 17 October 2000 amending its Rules of Procedure

Official Journal L 267 , 20/10/2000 P. 0063 - 0066

Commission Decisionof 17 October 2000amending its Rules of Procedure(2000/633/EC, ECSC, Euratom)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 218(2) thereof,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 16 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 131 thereof,Having regard to the Treaty on the European Union, and in particular Articles 28(1) and 41(1) thereof,HAS DECIDED AS FOLLOWS:Article 1The rules of Procedure of the Commission are hereby amended as follows:1. In Article 23, the following paragraph is added:"The Commission may adopt supplementary measures relating to the functioning of the Commission and of its departments, which shall be annexed to these Rules of Procedure."2. The Code of Good Administrative Behaviour contained in the Annex to this Decision is annexed.Article 2This Decision shall enter into force on 1 November 2000.Article 3This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 17 October 2000.For the CommissionThe PresidentRomano ProdiANNEX"ANNEXCODE OF GOOD ADMINISTRATIVE BEHAVIOUR FOR STAFF OF THE EUROPEAN COMMISSION IN THEIR RELATIONS WITH THE PUBLICQuality serviceThe Commission and its staff have a duty to serve the Community interest and, in so doing, the public interest.The public legitimately expects quality service and an administration that is open, accessible and properly run.Quality service calls for the Commission and its staff to be courteous, objective and impartial.PurposeIn order to enable the Commission to meet its obligations of good administrative behaviour and in particular in the dealings that the Commission has with the public, the Commission undertakes to observe the standards of good administrative behaviour set out in this Code and to be guided by these in its daily work.ScopeThe Code is binding on all staff covered by the Staff Regulations of officials of the European Communities and the Conditions of employment of other servants of the European Communities (hereinafter referred to as the "Staff Regulations") and the other provisions on relations between the Commission and its staff that are applicable to officials and other servants of the European Communities. However, persons employed under private law contracts, experts on secondment from national civil services and trainees, etc. working for the Commission should also be guided by it in their daily work.Relations between the Commission and its staff are governed exclusively by the Staff Regulations.1. GENERAL PRINCIPLES OF GOOD ADMINISTRATIONThe Commission respects the following general principles in its relations with the public.LawfulnessThe Commission acts in accordance with the law and applies the Rules and Procedures laid down in Community legislation.Non-discrimination and equal treatmentThe Commission respects the principle of non-discrimination and in particular, guarantees equal treatment for members of the public irrespective of nationality, gender, racial or ethnic origin, religion or beliefs, disability, age or sexual orientation. Thus, differences in treatment of similar cases must be specifically warranted by the relevant features of the particular case in hand.ProportionalityThe Commission ensures that the measures taken are proportional to the aim pursued.In particular, the Commission will ensure that the applications of this Code never leads to the imposition of administrative or budgetary burdens out of proportion to the benefit expected.ConsistencyThe Commission shall be consistent in its administrative behaviour and shall follow its normal practice. Any exceptions to this principle must be duly justified.2. GUIDELINES FOR GOOD ADMINISTRATIVE BEHAVIOURObjectivity and impartialityStaff shall always act objectively and impartially, in the Community interest and for the public good. They shall act independently within the framework of the policy fixed by the Commission and their conduct shall never be guided by personal or national interest or political pressure.Information on administrative proceduresWhere a member of the public requires information relating to a Commission administrative procedure, staff shall ensure that this information is provided within the deadline fixed for the relevant procedure.3. INFORMATION ON THE RIGHTS OF INTERESTED PARTIESListening to all parties with a direct interestWhere Community law provides that interested parties should be heard, staff shall ensure that an opportunity is given to them to make their views known.Duty of justify decisionsA Commission decision should clearly state the reasons on which it is based and should be communicated to the persons and parties concerned.As a general rule, full justification for decisions should be given. However, where it may not be possible, for example because of the large number of persons concerned by similar decisions, to communicate in detail the grounds of individual decisions, standard replies may be given. These standard replies should include the principal reasons justifying the decision taken. Furthermore, an interested party who expressly requests a detailed justification shall be provided with it.Duty to state arrangements for appealsWhere Community law so provides, decisions notified shall clearly state that an appeal is possible and describe how to submit it, (the name and office address of the person or department with whom the appeal must be lodged and the deadline for lodging it).Where appropriate, decisions should refer to the possibility of starting judicial proceedings and/or of lodging a complaint with the European Ombudsman in accordance with Article 230 or 195 of the Treaty establishing the European Community.4. DEALING WITH ENQUIRIESThe Commission undertakes to answer enquiries in the most appropriate manner and as quickly as possible.Requests for documentsIf a document has already been published, the person making the enquiry should be directed to the sales agents of the Office for Official Publications of the European Communities or to the documentation or information centres which provide free access to documents, such as Info-Points, European documentation centres, etc. Many documents are also easily accessible in electronic form.The rules on access to documents are laid down in a specific measure.CorrespondenceIn accordance with Article 21 of the Treaty establishing the European Community, the Commission shall reply to letters in the language of the initial letter, provided that it was written in one of the official languages of the Community.A reply to a letter addressed to the Commission shall be sent within 15 working days from the date of receipt of the letter by the responsible Commission department. The reply should identify the person responsible for the matter and state how he or she may be contacted.If a reply cannot be sent within 15 working days, and in all cases where the reply requires other work on it, such as interdepartmental consultation or translation, the member of staff responsible should send a holding reply, indicating a date by which the addressee may expect to be sent a reply in the light of this additional work, taking into account the relative urgency and complexity of the matter.If the reply is to be drawn up by a department other than the one to which the initial correspondence is addressed, the person making the enquiry should be informed of the name and office address of the person to whom the letter has been passed.These rules do not apply to correspondence which can reasonably be regarded as improper, for example, because it is repetitive, abusive and/or pointless. Then the Commission reserves the right to discontinue any such exchanges of correspondence.Telephone communicationWhen answering the telephone, staff shall identify themselves or their department. They shall return telephone calls as promptly as possible.Staff replying to enquiries shall provide information on subjects for which they have direct responsibility and should direct the caller to the specific appropriate source in other cases. If necessary, they should refer callers to their superior or consult him or her before giving the information.Where enquiries concern areas for which staff are directly responsible, they shall establish the identity of the caller and check whether the information has already been made public before giving it out. If this is not the case, the member of staff may consider that it is not in the Community interest for the information to be disclosed. In this case he or she should explain why they are unable to disclose it and refer in appropriate cases to the obligation to exercise discretion as laid down in Article 17 of the Staff Regulations.When appropriate, staff should request confirmation in writing of the enquiries made by telephone.Electronic mailStaff shall reply to e-mail messages promptly following the guidelines described in the section on telephone communication.However, where the e-mail message is, by its nature, the equivalent of a letter, it shall be handled according to the guidelines for handling correspondence and shall be subject to the same deadlines.Requests from the mediaThe Press and Communication Service is responsible for contacts with the media. However, when requests for information concern technical subjects falling within their specific areas of responsibility, staff may answer them.5. PROTECTION OF PERSONAL DATA AND CONFIDENTIAL INFORMATIONThe Commission and its staff shall respect, in particular:- the rules on the protection of personal privacy and personal data,- the obligations set out in Article 287 of the Treaty establishing the European Community and in particular those which relate to professional secrecy,- the rules on secrecy in criminal investigations,- the confidentiality of matters falling within the ambit of the various committees and bodies provided for in Article 9 of and Annexes II and III to the Staff Regulations.6. COMPLAINTSThe European CommissionComplaints may be lodged concerning a possible breach of the principles set out in this Code directly with the Secretariat-General of the European Commission, which shall forward it to the relevant department.The Director-General or head of Department shall reply to the complainant in writing, within two months. The complainant then has one month in which to apply to the Secretary-General of the European Commission to review the outcome of the complaint. The Secretary-General shall reply to the request for a review within one month.The European OmbudsmanComplaints may also be lodged with the European Ombudsman in accordance with Article 195 of the Treaty establishing the European Community and the Statute of the European Ombudsman."


title: 2012/586/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the European Training Foundation for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/238

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the European Training Foundation for the financial year 2010
   (2012/586/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Training Foundation for the financial year 2010,

               —

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

               —

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

               —

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

               —

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

               —

               having regard to Regulation (EC) No 1339/2008 of the European Parliament and of the Council of 16 December 2008 establishing a European Training Foundation (3), and in particular Article 17 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A7-0135/2012),

               1.

               Grants the Director of the European Training Foundation discharge in respect of the implementation of the Foundation’s budget for the financial year 2010;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 366, 15.12.2011, p. 145.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 354, 31.12.2008, p. 82.

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

      EUROPEAN PARLIAMENT RECOMMENDATIONS OVER PAST YEARS

               European Training Foundation

               2006

               2007

               2008

               2009

               Performance

               n.a.

               n.a.

                           —

                           Calls on the Foundation to set out a diachronic analysis of operations carried out in this and the previous years

                           —

                           Calls, in view of the fact that some areas of interest are shared, for close cooperation and synergies between the Foundation and Cedefop and calls for information to be provided regularly in the activity reports by the Directors of both agencies

                           —

                           Difficulties in establishing a direct link between the results of the Foundation’s projects and the institutions’ activities

               Calls on the Foundation to set out a comparison of the operations that were carried out during the year for which the discharge is to be granted and during the previous financial year

               Budgetary and financial management

               The Foundation did not respect the rules for budget presentation: the Foundation only published the commitment appropriations for its 2006, not considering the payment appropriations

               In the amending budget, the amount of the assigned revenue is incorrect. It should have been EUR 1 200 000 instead of the EUR 3 400 000 shown, which erroneously included assigned revenue carried over from the previous year

               n.a.

                           —

                           Urges the Foundation to draw up budgetary procedures more rigorously in order to avoid the considerable number of budgetary transfers

                           —

                           Calls on the Foundation to obtain the authorisation of its Governing Body when transfers are required, which is required by the Foundations Financial Regulation

                           —

                           Reminder to fulfil its obligation to show a summary statement of the schedule of payments due in subsequent financial years to meet budget commitments entered into in earlier financial years

               Human resources

               n.a.

               n.a.

                           —

                           Calls (see internal audit) on the Foundation to address weaknesses in the recruitment procedures → The Recruitment Assessment Boards must provide sufficient information on the procedures followed, including justifications for decisions and dates on which they were taken in order to ensure the transparency of these procedures

                           —

                           Calls on the Foundation to comply with Council Directive 2000/78/EC (1)

               n.a.

               Internal audit

               n.a.

               n.a.

               Calls on the Foundation to take steps to fulfil 15 out of 27 recommendations made by the Internal Audit Service → i.e. to put in place without delay certain internal control standards (regarding the documentation of procedures, supervision of financial transactions and continuity of operations) and certain human resources management recommendations (regarding human resources management in annual planning and activity reporting; objective setting; time recording of the staff)

               Acknowledges that 11 out of 15 recommendations made by IAS have been closed in 2009

      (1)  OJ L 303, 2.12.2000, p. 16.
    ---documentbreak---

               17.10.2012

               EN

               Official Journal of the European Union

               L 286/239

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   with observations forming an integral part of its decision on discharge in respect of the implementation of the budget of the European Training Foundation for the financial year 2010
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Training Foundation for the financial year 2010,

               —

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

               —

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

               —

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

               —

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

               —

               having regard to Regulation (EC) No 1339/2008 of the European Parliament and of the Council of 16 December 2008 establishing a European Training Foundation (3), and in particular Article 17 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A7-0135/2012),

               A.

               whereas the Court of Auditors has stated that it has obtained reasonable assurances that the annual accounts for the financial year 2010 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas on 10 May 2011 Parliament granted the Director of the European Training Foundation discharge for implementation of the Foundation’s budget for the financial year 2009 (5), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           urged the Foundation to draw up budgetary procedures more rigorously in order to avoid the considerable number of budgetary transfers,

                           —

                           called on the Foundation to fulfil its obligation to show a summary statement of the schedule of payments, so that in subsequent financial years budget commitments entered into in earlier financial years will be met,

                           —

                           called on the Foundation to obtain the authorisation of its Governing Board when transfers are required, which is required by the Foundation’s Financial Regulation,

               C.

               whereas the overall budget of the Foundation for the year 2010 was EUR 19 300 000, compared with EUR 20 200 000 in 2009, which represents a decrease of 4,46 %,

               D.

               whereas the initial contribution of the Union to the budget of the Foundation for 2010 was EUR 18 282 000 compared with EUR 14 772 000 in 2009 (6),

      Budget and financial management

               1.

               Notes that the Union contribution for 2009 amounted to a total of EUR 19 872 000 and that this amount was made up of the initial contribution of the Union, i.e. EUR 14 772 000, and EUR 5 100 000, coming from the recovery of surplus from previous years; recalls moreover that the initial Union contribution to the Foundation for 2010 amounted to EUR 18 282 000; notes however that EUR 1 178 000, coming from the recovery of surplus, was added to it which, as a result, makes a total Union contribution of EUR 19 460 000 for 2010 (7);

               2.

               Takes note that the Foundation’s Annual Financial Statements mention that the contribution of the Union for 2010 amounted in fact EUR 19 196 840,29; acknowledges the Foundation’s statement that the actual contribution granted by the Union in 2010 totalled EUR 19 297 822, i.e. EUR 19 460 000 minus EUR 162 178 which represents the Union contribution in kind; also takes note from the Foundation that, of the amount received from the Union, it used EUR 19 196 840,29 and returned the remaining EUR 100 981,71 to the Commission;

               3.

               Establishes from the Foundation’s Annual Financial Statements that its budget for 2010 was amended in November 2010 to partially offset the unforeseen reduction in the Foundation’s revenue;

               4.

               Observes from the Foundation’s Annual Activity Report that it achieved a commitment rate of 99,9 %, compared with 99,8 % in 2009 and 98,5 % in 2008 and a payment execution rate of 96,5 %, compared with approximately 90 % in 2009 and 2008;

      Transfers and carry-overs

               5.

               Notes from the Foundation’s Annual Activity Report that it has reduced the number of budgetary transfers to 15 in 2010, compared with 33 in 2009, and carried forward only 12,8 % of the 2010 amount committed, compared with 17 % in 2009, 15 % in 2008;

      Registration of the exceptions

               6.

               Notes from the Foundation’s Annual Activity Report that 10 exceptions were registered on the Register of Exceptions in 2010, compared with 12 in 2009;

               7.

               Notes that none of them involve a financial risk higher than EUR 50 000; notes in particular that these exceptions have a total financial value of EUR 100 183, which represents 0,53 % of the total Foundation budget in 2010;

      Public procurement

               8.

               Acknowledges from the Foundation’s Annual Activity Report that it stipulated 8 direct agreements with external contractors, none of which has a financial exposure higher or equal to EUR 50 000; notes that the total value of direct agreements is EUR 93 575, which represented 0,50 % of the total Foundation budget in 2010;

      Human resources

               9.

               Notes from the Annual Activity Report that at the end of 2010 the Foundation had 4 vacant posts in its establishment plan, compared to 10 at the end of 2009;

               10.

               Observes also that the number of staff at the Foundation now stands at 128, with 15 staff members joining the Foundation and 10 leaving in 2010;

               11.

               Takes note from the Annual Activity Report that the number of posts available for the implementation of the Foundation mandate are:

                           —

                           96 temporary posts,

                           —

                           33 contract and local agents, and

                           —

                           6 seconded national experts;

      Performance

               12.

               Observes from the Annual Activity Report that the Foundation developed a revised list of Corporate Performance Indicators with the aim of enhancing the relevance and measurability of its objectives and to provide data on how the Foundation performs at an aggregated level in relation to its core business and its functioning;

               13.

               Notes, in addition, that the Foundation developed the ‘dashboard’ project which aims to ensure key live data for daily monitoring of its activities and notably for management and reporting;

               14.

               Observes moreover that a risk based differentiation of payment circuits was successfully implemented in early 2010, introducing simplified circuits for low risk transactions;

               15.

               Welcomes the fact that the Foundation successfully implemented the first year of the Torino Process, which provides a concise, documented, comprehensive analysis of vocational education and training reform in each country, including identification of key policy trends, challenges, constraints, as well as good practice and opportunities;

      Cooperation with the European Centre for the Development of Vocational Training (Cedefop)

               16.

               Notes that, in November 2009, the cooperation agreement between the Foundation and Cedefop was renewed for the period 2010-2013; acknowledges that each year the Foundation and Cedefop draft, in the context of the cooperation framework, a joint work programme which is annexed to the work programmes of both agencies; welcomes the Foundation’s intention to devote further space to reporting on the implementation of this joint work programme in future Annual Activity Reports;

      Internal audit

               17.

               Acknowledges that the Internal Audit Service (IAS) undertook an audit of planning and monitoring in 2010; notes in particular that the IAS made eight recommendations, one of which was rated as ‘very important’ and concerns the need for the Foundation to clearly define and describe the utility of its annual planning approach;

               18.

               Urges, in this context, the Foundation to focus on cost effective reporting relevant to the Foundation’s Governing Board and key stakeholders, allowing them to check the performance of the Foundation;

               19.

               Calls also on the Foundation to implement the remaining recommendations of the IAS from the previous audits;

               20.

               Acknowledges from the Foundation’s Annual Activity Report that it adopted the revised 16 standards for effective management as set out in the internal control standards framework;

               21.

               Draws attention to its recommendations from previous discharge reports, as set out in the Annex to this resolution;

               22.

               Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2012 (8) on the performance, financial management and control of the agencies.

      (1)  OJ C 366, 15.12.2011, p. 145.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 354, 31.12.2008, p. 82.

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

      (5)  OJ L 250, 27.9.2011, p. 196.

      (6)  OJ L 64, 12.3.2010, p. 926.

      (7)  OJ L 64, 12.3.2010, p. 927.

      (8)  Texts adopted, P7_(2012)0164 (see page 388 of this Official Journal).


Avis juridique important

|

31994D0277

94/277/EC: Council Decision of 20 December 1993 on the provisional application of certain Agreements and Protocols between the European Economic Community and certain third countries on trade in textile products (Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Czech Republic, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Romania, Russian Federation, Slovak Republic, Slovenia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan)

Official Journal L 123 , 17/05/1994 P. 0001 - 0002 Finnish special edition: Chapter 11 Volume 31 P. 0003  Swedish special edition: Chapter 11 Volume 31 P. 0003

COUNCIL  DECISIONof 20 December 1993on the provisional application of certain Agreements and Protocols  between the European Economic Community and certain third countries on trade in textile products  (Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Czech Republic, Georgia, Kazakhstan, Kyrgyzstan,  Latvia, Lithuania, Moldova, Mongolia, Romania, Russian Federation, Slovak Republic, Slovenia,  Tajikistan, Turkmenistan, Ukraine, Uzbekistan)(94/277/EC)THE COUNCIL OF THE  EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 113 in  conjunction with Article 228 thereof, Having regard to the proposal from the Commission, Whereas the Commission has negotiated on behalf of the Community agreements on trade in textile  products with Albania, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Latvia,  Lithuania, Moldova, Mongolia, the Russian Federation, Tajikistan, Turkmenistan, Ukraine and  Uzbekistan; Whereas the bilateral agreements on trade in textile products with Albania, Armenia, Azerbaijan,  Belarus, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, the Russian  Federation, Tajikistan, Turkmenistan, Ukraine and Uzbekistan, should be applied on a provisional  basis from 1 January 1993, pending the completion of procedures required for their conclusion,  subject to reciprocal provisional application by the partner countries; Whereas the Commission has negotiated on behalf of the Community a bilateral agreement on trade in  textile products with Slovenia; Whereas the bilateral agreement on trade in textile products with Slovenia should be applied on a  provisional basis from 1 September 1993, pending the completion of procedures required for its  conclusion, subject to reciprocal provisional application by Slovenia; Whereas the Commission has negotiated on behalf of the Community Additional Protocols to the Europe  Agreements on trade in textile products with the Republic of Bulgaria, the Czech Republic, the  Slovak Republic and Romania; Whereas the Additional Protocols between the Community and the Czech Republic, for the first part,  and between the Community and the Slovak Republic, for the second part, to the Europe Agreement on  trade in textile products with the Czech and Slovak Federal Republic should be applied on a  provisional basis from 1 January 1993, pending the completion of procedures required for their  conclusion, subject to reciprocal provisional application by the partner countries; Whereas the Additional Protocol to the Europe Agreement on trade in textile products with Romania  should be applied on a provisional basis from 1 May 1993, pending the completion of procedures  required for their conclusion, subject to reciprocal application by the partner country; Whereas the Additional Protocol to the Europe Agreement on trade in textile products with the  Republic of Bulgaria should be applied on a provisional basis from the date of entry into force of  the Interim Agreement signed between the European Economic Community and the Republic of Bulgaria  on 8 March 1993, pending the completion of procedures required for their conclusion, subject to  reciprocal provisional application by the partner country, HAS DECIDED AS FOLLOWS: Article 1The bilateral agreements on trade in textile products between the  European Economic Community, of the one part, and Albania, Armenia, Azerbaijan, Belarus, Georgia,  Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, the Russian Federation, Tajikistan,  Turkmenistan, Ukraine and Uzbekistan, of the other part respectively, shall be applied on a  provisional basis from 1 January 1993, pending their formal conclusion, subject to reciprocal  application by the partner countries. The bilateral agreement on trade in textile products between the European Economic Community and  the Republic of Slovenia shall be applied on a provisional basis from 1 September 1993, pending its  formal conclusion, subject to reciprocal application by the Republic of Slovenia. The Additional Protocols between the Community and the Czech Republic, for the first part, and  between the Community and the Slovak Republic, for the second part, to the Europe Agreements on  trade in textile products between the European Economic Community, and the Czech and Slovak Federal  Republic, shall be applied on a provisional basis from 1 January 1993, pending their formal  conclusion, subject to reciprocal application by the partner countries. The Additional Protocol to the Europe Agreement on trade in textile products between the European  Economic Community and Romania shall be applied on a provisional basis from 1 May 1993, pending its  formal conclusion, subject to reciprocal application by Romania. The Additional Protocol to the Europe Agreement on trade in textile products between the European  Economic Community and the Republic of Bulgaria shall be applied on a provisional basis from the  date of entry into force of the Interim Agreement signed between the European Economic Community  and the Republic of Bulgaria on 8 March 1993, pending its formal conclusion, subject to reciprocal  application by Bulgaria. Article 2The texts of the initialled Agreements and Protocols are attached to this Decision. Done at Brussels, 20 December 1993. For the CouncilThe PresidentW. CLAES