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31995D0591

95/591/EC: Council Decision of 22 December 1995 concerning the conclusion of the results of negotiations with certain third countries under GATT Article XXIV:6 and other related matters (United States and Canada)

Official Journal L 334 , 30/12/1995 P. 0025 - 0037

COUNCIL DECISION of 22 December 1995 concerning the conclusion of the results of negotiations with certain third countries under GATT Article XXIV:6 and other related matters (United States and Canada) (95/591/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 (2) first sentence thereof,Having regard to the proposal from the Commission,Whereas the Community has entered into negotiations under the General Agreement on Tariffs and Trade (GATT) Article XXIV:6; whereas these negotiations have resulted in agreements with the United States of America and Canada;Whereas it was also in the interest of both Parties to resolve certain outstanding issues in the agricultural sector with Canada;Whereas the United States of America and Canada had initiated proceedings in the World Trade Organization (WTO) relating to the Community's import regime for cereals and rice;Whereas the Community entered into discussions with these countries with the aim of resolving the issues in question; whereas the results of these discussions are contained in agreements with the countries concerned;Whereas it is in the interest of the Community to approve these agreements,HAS DECIDED AS FOLLOWS:Article 1 The following agreements and letters are hereby approved on behalf of the Community:- Agreement for the conclusion of negotiations between the European Community and the United States of America under Article XXIV:6 (Annex I),- Exchange of letters between the European Community and the United States of America on a settlement for cereals and rice (Annex II),- Exchange of letters between the European Community and the United States of America on rice prices (Annex III),- Agreement for the conclusion of negotiations between the European Community and Canada under Article XXIV:6 and an Exchange of Letters relating thereto (Annex IV).The texts of the acts referred to in the first indent are attached to this Decision.Article 2 The President of the Council is hereby authorized to designate the person empowered to sign the agreements and letters in order to bind the Community.Done at Brussels, 22 December 1995.For the CouncilThe PresidentL. ATIENZA SERNA


title: 2010/278/: Council Decision of 10 May 2010 appointing one German member of the European Economic and Social Committee

text:
               19.5.2010

               EN

               Official Journal of the European Union

               L 123/3

         COUNCIL DECISION
   of 10 May 2010
   appointing one German member of the European Economic and Social Committee
   (2010/278/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
   Having regard to Decision 2006/524/EC, Euratom (1),
   Having regard to the proposal of the German Government,
   Having regard to the opinion of the Commission,
   Whereas a member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Wilfried WOLLER,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Egbert BIERMANN, Hauptvorstand IG BCE (Main Executive Board of the Industrial Union of Mining, Chemical and Energy Workers), is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2010.
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 10 May 2010.

            For the Council

            The President

         M. Á. MORATINOS

      (1)  OJ L 207, 28.7.2006, p. 30.


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31999D0436

1999/436/EC: Council Decision of 20 May 1999 determining, in conformity with the relevant provisions of the Treaty establishing the European Community and the Treaty on European Union, the legal basis for each of the provisions or decisions which constitute the Schengen acquis

Official Journal L 176 , 10/07/1999 P. 0017 - 0030

COUNCIL DECISIONof 20 May 1999determining, in conformity with the relevant provisions of the Treaty establishing the European Community and the Treaty on European Union, the legal basis for each of the provisions or decisions which constitute the Schengen acquis(1999/436/EC)THE COUNCIL OF THE EUROPEAN UNION,Acting on the basis of Article 2(1), second subparagraph, second sentence, of the Protocol annexed to the Treaty on European Union and to the Treaty establishing the European Community, integrating the Schengen acquis into the framework of the European Union (hereinafter referred to as the "Schengen Protocol");(1) Whereas pursuant to Article 2(1), first subparagraph, of the Schengen Protocol, the Schengen acquis as defined in the Annex to the Protocol shall, from the date of entry into force of the Treaty of Amsterdam, immediately apply to the thirteen Member States referrred to in Article 1 of the Protocol, without prejudice to the provisions of Article 2(2) of the Protocol;(2) Whereas nothing in this Decision affects the continuation of legal obligations under the 1990 Convention;(3) Whereas the mandate conferred upon the Council by Article 2(1), second subparagraph, of the Schengen Protocol, to determine, acting unanimously and in conformity with the relevant provisions of the Treaties, the legal basis for each of the provisions or decisions which constitute the Schengen acquis, has as one of its objectives the identification of the legal basis for any future proposals and initiatives to amend or build upon the Schengen acquis, which, in accordance with Article 5(1), first subparagraph, of the Schengen Protocol, are subject to the relevant provisions of the Treaties, including those governing the form of the act to be adopted and the procedure for its adoption;(4) Whereas some provisions of the 1990 Convention implementing the Schengen Agreement require Contracting States to introduce penalties for their effective enforcement without, however, requiring any harmonisation of these penalties; whereas therefore, the legal basis to be determined for these provisions should be the one determined for the rules the breach of which has to be subject to sanctions, without prejudice to the legal basis for any future measure aiming at the harmonisation of penalties;(5) Whereas the determination of a legal basis in conformity with the relevant provisions of the Treaties for each of the provisions or decisions which constitute the Schengen acquis does not affect the exercise of the responsibilities incumbent upon the Member States according to Article 64 TEC and Article 33 TEU with regard to the maintenance of law and order and the safeguarding of internal security;(6) Whereas the determination of a legal basis in conformity with the relevant provisions of the Treaties for each of the provisions or decisions which constitute the Schengen acquis, or the determination that a legal basis is unnecessary for any such provisions or decisions, does not affect the right of Member States to carry out checks on goods linked to prohibitions or restrictions laid down by the Member States, and which are compatible with Community law;(7) Whereas the determination of a legal basis in conformity with the Treaty establishing the European Community for the provisions of the 1990 Convention implementing the Schengen Agreement relating in particular to the conditions for entry into the territory of the Contracting States or for issuing visas does not affect current rules governing the recognition of the validity of travel documents;(8) Whereas the rights and obligations of Denmark are governed by Article 3 of the Protocol integrating the Schengen acquis into the framework of the European Union and in Articles 1 to 5 of the Protocol on the position of Denmark;(9) Whereas the relationship between the Protocol on the position of Denmark, the Protocol on the position of the United Kingdom and of Ireland on certain questions regarding the Treaty establishing the European Community and Treaty on European Union and the Protocol integrating the Schengen acquis into the framework of the European Union, on the basis of which various forms are prescribed for the adoption of and participation in the Schengen acquis and its further development, should be taken into account when Schengen is incorporated into the European Union;(10) Whereas the Schengen Protocol itself provides for the association of the Republic of Iceland and the Kingdom of Norway with the implementation of the Schengen acquis and its further development on the basis of the Agreement signed in Luxembourg on 19 December 1996;(11) Whereas the acts adopted on the basis of a proposal or an initiative for the further development of the Schengen acquis shall contain a reference to the Schengen Protocol, so that legal security is guaranteed and the provisions related to the Schengen Protocol can be applied in every case;(12) Whereas, while having regard to Article 134 of the Convention implementing Schengen, the integration of the Schengen acquis in the framework of the European Community does not affect Member States' competence in relation to the recognition of States and territorial units, their authorities and travel and other documents issued by them,HAS DECIDED AS FOLLOWS:Article 1This Decision determines legal basis for the provisions and decisions set out in Annexes A to D and constituting the Schengen acquis, except for those provisions and decisions for which the Council, acting on the basis of Article 2(1), second subparagraph, first sentence, of the Schengen Protocol, has determined that no legal basis is necessary.Article 2The legal basis for the provisions of the Convention signed in Schengen on 19 June 1990 between the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands implementing the Agreement on the gradual abolition of checks at their common borders, signed in Schengen on 14 June 1985 (hereafter referred to as "the Schengen Convention"), and its related Final Act, shall be determined in accordance with Annex A.Article 3The legal basis for the provisions of the Accession Agreements to the Schengen Convention concluded with the Italian Republic (signed in Paris on 27 November 1990), the Kingdom of Spain and the Portuguese Republic (signed in Bonn on 25 June 1991), the Hellenic Republic (signed in Madrid on 6 November 1992), the Republic of Austria (signed in Brussels on 28 April 1995) and the Kingdom of Denmark, the Republic of Finland and the Kingdom of Sweden (signed in Luxembourg on 19 December 1996), and their related Final Acts and declarations, shall be determined in accordance with Annex B.Article 4The legal basis for the decisions and declarations of the Executive Committee established by the Schengen Convention shall be determined in accordance with Annex C.Article 5The legal basis for the acts adopted for the implementation of the Schengen Convention by the organs upon which the Executive Committee has conferred decision-making powers shall be determined in accordance with Annex D.Article 6With regard to the Member States listed in Article 1 of the Protocol integrating the Schengen acquis into the framework of the European Union, the territorial scope of the provisions or decisions forming the Schengen acquis for which the Council has determined a legal basis in Title IV of Part 3 of the EC Treaty on the basis of Article 2(1), second sentence, of the abovementioned Protocol, and the territorial scope of measures extending or amending such provisions and decisions shall be that laid down in Article 138 of the 1990 Convention implementing the Schengen Agreement and that laid down in the relevant provisions of the accession instruments to that Convention.Article 7This Decision shall not affect the competence of Member States with regard to the recognition of States and territorial units and passports, travel and identity documents issued by their authorities.Article 8The acts adopted on the basis of a proposal or an initiative for the further development of the Schengen acquis shall contain a reference to the Schengen-Protocol in the preamble.Article 9This Decision shall take effect immediately. It shall be published in the Official Journal of the European Communities.Done at Brussels, 20 May 1999.For the CouncilThe PresidentE. BULMAHNANNEX AArticle 2>TABLE>ANNEX BArticle 3>TABLE>ANNEX CArticle 4CLASSIFICATION OF DECISIONS AND DECLARATIONS OF THE EXECUTIVE COMMITTEEDecisions of the Executive Committee>TABLE>Declarations of the Executive Committee>TABLE>ANNEX DArticle 5DECISIONS OF THE CENTRAL GROUP>TABLE>STATEMENTS1. The Council has made the following statement when the Decision was adopted: "Notwithstanding the determination of legal bases for Article 2(2) and (3), Article 4(1) to (3), Article 5(1)(e) and Article 8 of the Convention implementing the Schengen Agreement, in conformity with the relevant provisions of the Treaties, the responsibilities and powers of the Member States with regard to surveillance measures, including at their borders, for the purposes of maintaining law and order and safeguarding internal security in accordance with national law, and through the means at their disposal, shall remain unaffected."2. The Member States within the Council have made the following statement with respect to Member States listed in Article 1 of the Schengen Protocol: "The inclusion of the first declaration of the Final Act of the Convention implementing the Schengen Agreement in this Decision must be interpreted as signifiying that the decision confirming the capacity of each State acceding to the EU to implement the Schengen acquis, thus permitting the removal of controls at internal frontiers, will be taken unanimously by the Council comprised of the Member States named in Article 1 of the Schengen Protocol."3. The Commission has made the following statement:Statement on the Schengen Implementing Convention Standing Committee"In accordance with Article 1 of the Protocol integrating the Schengen acquis into the framework of the European Union, closer cooperation on Schengen matters 'shall be conducted within the institutional and legal framework of the European Union and with respect for the relevant provisions of the Treaty on European Union and the Treaty establishing the European Community'. The Commission therefore considers that the integration into the Union framework of the Decision of the Executive Committtee setting up a Schengen Implementing Convention Standing Committee (SCH/Com-ex (98) 26 Def of 16.9.1998) does not in any way affect the powers devolving on it from the Treaties and in particular its responsibility as guardian of the Treaties."4. Statement made by the Netherlands delegation when the Council Decision determining the legal bases for the Schengen acquis was adopted: "The Netherlands considers that provisions of Title IV of Part Three of the EC Treaty should be the legal basis for a number of decisions and provisions of the Schengen acquis concerning the Schengen Information System since the latter relate to aspects of the free movement of persons which touch on aliens' law."Belgium associates itself with the statement made by the Netherlands delegation.


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32000D0664

2000/664/EC: Council Decision of 23 October 2000 amending Decision 2000/265/EC on the establishment of a financial regulation governing the budgetary aspects of the management by the Deputy Secretary-General of the Council of contracts concluded in his name, on behalf of certain Member States, relating to the installation and the functioning of the communication infrastructure for the Schengen environment, 'SISNET'

Official Journal L 278 , 31/10/2000 P. 0024 - 0024

Council Decisionof 23 October 2000amending Decision 2000/265/EC on the establishment of a financial regulation governing the budgetary aspects of the management by the Deputy Secretary-General of the Council of contracts concluded in his name, on behalf of certain Member States, relating to the installation and the functioning of the communication infrastructure for the Schengen environment, "SISNET"(2000/664/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the first sentence of the second subparagraph of Article 2(1) of the Protocol annexed to the Treaty on European Union and to the Treaty establishing the European Community, integrating the Schengen acquis into the framework of the European Union (hereinafter referred to as "the Schengen Protocol"),Whereas:(1) Decision 1999/870/EC(1) authorised the Deputy Secretary-General of the Council to act, in the context of the integration of the Schengen acquis within the European Union, as representative of certain Member States for the purposes of concluding contracts relating to the installation and the functioning of the communication infrastructure for the Schengen environment, "SISNET", and to manage such contracts.(2) The financial obligations arising under those contracts are not borne by the general budget of the European Union. Therefore, the provisions of the Financial Regulation of 21 December 1997 applicable to the general budget of the European Communities(2) do not apply.(3) Accordingly, a financial regulation was adopted under Decision 2000/265/EC(3) setting out specific rules to define the detailed procedures for establishing and implementing the budget required to meet any expenses incurred in the course of concluding the contracts, the obligations arising under those contracts once concluded, for recovering the contributions to be paid by the States concerned and for the presentation and auditing of the accounts.(4) Good accountancy practices require some minor formal amendments to the said financial regulation.(5) This Decision is a development of the Schengen acquis within the meaning of the Schengen Protocol,HAS DECIDED AS FOLLOWS:Article 1Council Decision 2000/265/EC is hereby amended as follows:1. Article 7(1)(b) shall be replaced by the following:"(b) appropriations in respect of payments still outstanding at 31 December by virtue of commitments duly entered into between 1 January and 15 December shall be carried over automatically to the next financial year only."2. The first subparagraph of Article 7(2) shall be replaced by the following:"2. Notwithstanding paragraph 1, the Deputy Secretary-General of the Council may forward to the Schengen Information System Working Group, hereafter referred to as the 'SIS Working Group', before 31 January, duly substantiated requests to carry over to the next financial year appropriatons not committed at 15 December when the appropriations provided for the headings concerned in the budget for the following financial year do not cover requirements."3. The first sentence of Article 21 shall be replaced by the following:"Payments shall be effected through a bank account specifically opened for that purpose in the name of the General Secretariat of the Council."Article 21. This Decision shall take effect on the day of its adoption.2. It shall be published in the Official Journal of the European Communities.Done at Luxembourg, 23 October 2000.For the CouncilThe PresidentJ. Glavany(1) OJ L 337, 30.12.1999, p. 41.(2) OJ L 356, 31.12.1977, p. 1. Regulation as last amended by Regulation (EC) No 2673/1999 (OJ L 326, 18.12.1999, p. 1).(3) OJ L 85, 6.4.2000, p. 12.


title: 2010/341/CFSP: Political and Security Committee Decision EUPOL Afghanistan/2/2010 of 11 June 2010 concerning the appointment of the Head of Mission of EUPOL Afghanistan

text:
               19.6.2010

               EN

               Official Journal of the European Union

               L 154/28

         POLITICAL AND SECURITY COMMITTEE DECISION EUPOL AFGHANISTAN/2/2010
   of 11 June 2010
   concerning the appointment of the Head of Mission of EUPOL Afghanistan
   (2010/341/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision 2010/279/CFSP of 18 May 2010 on the European Union Police Mission in Afghanistan (EUPOL Afghanistan) (1), and in particular Article 10(1) thereof,
   Whereas:

               (1)

               Pursuant to Article 10(1) of Decision 2010/279/CFSP, the Council authorised the Political and Security Committee, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of political control and strategic direction of the EUPOL AFGHANISTAN mission, including the decision to appoint a Head of Mission.

               (2)

               The High Representative of the Union for Foreign Affairs and Security Policy has proposed the appointment of Brigadier General Jukka Petri SAVOLAINEN as Head of Mission from 15 July 2010,

         HAS ADOPTED THIS DECISION:
   Article 1
   Brigadier General Jukka Petri SAVOLAINEN is hereby appointed Head of the European Union Police Mission in Afghanistan as from 15 July 2010.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 11 June 2010.

            For the Political and Security Committee

            The Chairman

         C. FERNÁNDEZ-ARIAS

      (1)  OJ L 123, 19.5.2010, p. 4.


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31999D0506

99/506/EC, Euratom: Commission Decision of 26 July 1999 amending Decision 98/610/EC, Euratom, setting up expert groups to assist the Commission on the content and orientation of the key actions in the field of research and technological development (notified under document number C(1999) 2359) (Text with EEA relevance)

Official Journal L 194 , 27/07/1999 P. 0065 - 0065

COMMISSION DECISIONof 26 July 1999amending Decision 98/610/EC, Euratom, setting up expert groups to assist the Commission on the content and orientation of the key actions in the field of research and technological development(notified under document number C(1999) 2359)(Text with EEA relevance)(1999/506/EC, Euratom)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard the Treaty establishing the European Atomic Energy Community.(1) Whereas by its Decision 98/610/EC, Euratom(1), the Commission set up expert groups to assist it on the content and orientation of the key actions in the field of research and technological development;(2) Whereas in this connection, the members of the expert groups were appointed by the Commission in a personal capacity for a period of two years; whereas new appointments aimed at extending the range of geographical origins, achieving a better balance of scientific and technical qualifications and replacing members no longer able to participate may have to be made during that period;(3) Whereas it is necessary to ensure the homogeneity of the expert groups as a general principle, facilitate their administration by the Commission departments and provide the required degree of transparency;(4) Whereas, in this connection, the mandate of the new members should come to an end at the same time as that of the other members appointed previously,HAS DECIDED AS FOLLOWS:Article 1In Article 4(1) of Decision 98/610/EC, Euratom, the first subparagraph is replaced by the following: "The members of the expert groups shall be appointed by the Commission in a personal capacity for a maximum of two years. This appointment may be renewed once only, for a maximum of two years."Article 2This Decision shall take effect on the date of its adoption.Done at Brussels, 26 July 1999.For the CommissionÉdith CRESSONMember of the Commission(1) OJ L 290, 29.10.1998, p. 57.


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31982D0837

82/837/EEC: Council Decision of 3 December 1982 adopting a programme of research and development in the field of science and technology for development (1983 to 1986)

Official Journal L 352 , 14/12/1982 P. 0024 - 0026 Spanish special edition: Chapter 16 Volume 1 P. 0124  Portuguese special edition Chapter 16 Volume 1 P. 0124

*****COUNCIL  DECISION  of 3 December 1982  adopting a programme of research and development in the field of science and technology for development (1983 to 1986)  (82/837/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas under Article 2 of the Treaty the Community has in particular the task of promoting a harmonious development of economic activities and a continuous and balanced expansion throughout the Community; whereas Article 3 of the Treaty provides that, for the purposes set out in Article 2, the activities of the Community shall include increased trade and the joint promotion of economic and social development in the developing countries;  Whereas the resolution adopted by the Council at its meeting of 18 November 1980 stresses the importance of developing research capacity geared in particular to food agriculture in the developing countries and of ensuring complementarity between the activities of research centres in the Community and the efforts undertaken in this area by developing countries;  Whereas there is an awareness among the developing countries of the role of science and technology in the process of economic and social development; whereas this awareness dominated the second United Nations Conference on Science and Technology (UNCSTD) discussions and profoundly influenced the final consensus, known as the 'Vienna Programme of Action' adopted by the General Assembly of the United Nations;  Whereas one of the major objectives of the Vienna Programme of Action consists in substantially increasing the research effort of the industrialized countries to find a solution to the scientific problems of primary interest to developing countries;  Whereas the research and development measures covered by this Decision relate to particularly grave and urgent problems, namely food and health, which are bound up with the most fundamental needs of the developing countries;  Whereas it is necessary to establish greater cooperation among scientists in the various Member States and the developing countries with a view to facilitating the complementarity of research and methodologies and ensuring easier access to the different networks of scientific relationships established by the Member States with their Third World partners;  Whereas it is important to facilitate the introduction of the scientific and technical dimension in the development projects supported by the Community;  Whereas the Council adopted on 14 January 1974 a resolution on an initial outline programme of the European Communities in the field of science and technology (3);  Whereas, in view of the object and the specificity of this programme, which is carried out in the interest of the developing countries and should be implemented in close cooperation with them, it is advisable to lay down special rules for the dissemination of the results of the programme;  Considering the opinion expressed by the Scientific and Technical Research Committee (CREST);  Whereas, since the specific powers of action required to adopt this Decision have not been provided for in the Treaty, it is necessary to invoke Article 235 thereof,  HAS DECIDED AS FOLLOWS:  Article 1  A programme of research and development to support and reinforce the scientific activities in the field of science and technology for development to help the developing countries, as set out in the Annex hereto, is hereby adopted for an initial period of four years commencing on 1 January 1983 with clearly defined priorities. It could be extended after thorough assessment, together with the financial arrangements.  Under the programme competent bodies based in the Community or in the developing countries may submit their own proposals for research and development projects, supported by recommendations or requests from developing countries, including proposals for cofinancing of research activities undertaken by other competent international organizations.  Article 2  The funds estimated as necessary for the execution of the programme should be 40 million ECU including expenditure on a staff of nine.  The internal breakdown of funds is given for information purposes at points 1 and 2 of the Annex.  Article 3  The Commission shall be responsible for the execution of the programme. Two advisory committees on programme management (ACPM's) shall be set up, one for the sub-programme 'Tropical agriculture' and the other for the sub-programme 'Medicine, health and nutrition in the tropics'. The tasks and the composition of the committees are defined in the Council resolution of 18 July 1977 on advisory committees on programme management (1). Representatives of the Standing Committee on Agricultural Research, of the Committee on Medical Research and Public Health and of the Technical Centre for Agricultural and Rural Cooperation will participate in the work of these ACPM's. Representatives of the developing countries who are experts in the relevant research areas shall have the right to speak in both ACPM's and shall be involved in the practical implementation of the various aspects of the programme. In order to ensure optimum coordination between the Commission and the ACPM's, representatives of relevant international organizations may attend the meetings.  Article 4  In the course of the first year that the programme is in operation the Commission will, after obtaining the advice of the ACPM's, issue the calls for proposals necessary for the progressive implementation of the programme. In the course of the second year that the programme is in operation the Commission, with the help of competent independent specialists among whom will be an adequate number of specialists from developing countries, will evaluate the programme and may submit proposals for modifications accordingly.  Article 5  The dissemination of information applicable to the programme shall be subject to the following conditions:  1. The information and inventions, whether or not patentable, resulting from the execution of the programme, shall belong to the Community, on whose behalf the Commission shall ensure their protection;  2. Rules governing ownership, the obligations of the Community and, should the need arise, of the contractor, with regard to inventions, whether or not patentable, resulting from research or work done under contract, shall be defined case by case in the contracts;  3. The Commission shall communicate the information and inventions which it has the right to transmit to the Member States as well as to persons and undertakings which pursue, on the territory of a Member State or in a developing country, a research or a production activity justifying access to such information. The Commission must also communicate this information primarily to the developing countries, not only those with which the Community has concluded association or cooperation agreements, and to the non-associated developing countries which benefit from financial and technical aid from the Community, but to all developing countries which urgently require it and are in a position to use it; it may also make communication of this information subject to conditions which it shall lay down.  Done at Brussels, 3 December 1982.  For the Council  The President  Ch. CHRISTENSEN  (1) OJ No C 182, 19. 7. 1982, p. 80.  (2) OJ No C 77, 29. 3. 1982, p. 2.  (3) OJ No C 7, 29. 1. 1974, p. 6.  (1) OJ No C 192, 11. 8. 1977, p. 1.  ANNEX  INDIRECT ACTION  Programme of research and development in the field of science and technology for development (1983 to 1986)  The programme incorporates the following sub-programmes:  1. TROPICAL AGRICULTURE  Commitments for an expenditure of 30 million ECU are envisaged for this sub-programme.  Sector A  Improvement of agricultural production  - Food and industrial crops  - Protein products of animal origin  - Forestry products  Sector B  General areas of research and utilization of the environment  - Water resources and use  - Soil protection, stabilization and regeneration  - Crop protection  Sector C  Post-harvest techniques  - Product conservation  - Processing of products  Sector D  Training  2. MEDICINE, HEALTH AND NUTRITION IN THE TROPICS  Commitments for an expenditure of 10 million ECU are envisaged for this sub-programme.  Sector A  Medicine and health  - Transmissible diseases  - Mother and child care  - Genetics  - Environmental hygiene  Sector B  Nutrition  Sector C  Training


title: Decision of the European Parliament of 5 May 2010 on discharge in respect of the implementation of the budget of the European Training Foundation for the financial year 2008

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/182

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on discharge in respect of the implementation of the budget of the European Training Foundation for the financial year 2008
   (2010/536/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Training Foundation for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European Training Foundation for the financial year 2008, together with the Foundation’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and 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 Regulation (EC, Euratom) No 1605/2002 (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 (A7-0083/2010),

               1.

               Grants the Director of the European Training Foundation discharge in respect of the implementation of the Foundation’s budget for the financial year 2008;

               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

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 304, 15.12.2009, p. 136.

      (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.
    ---documentbreak---

               25.9.2010

               EN

               Official Journal of the European Union

               L 252/183

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   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 2008
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Training Foundation for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European Training Foundation for the financial year 2008, together with the Foundation’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and 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 Regulation (EC, Euratom) No 1605/2002 (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 (A7-0083/2010),

               A.

               whereas the Court of Auditors states that it has obtained reasonable assurances that the annual accounts for the financial year 2008 are reliable, and that the underlying transactions are legal and regular,

               B.

               whereas on 23 April 2009 Parliament granted the Director of the European Training Foundation discharge for implementation of the Foundation’s budget for the financial year 2007 (5), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           noted the Court of Auditors’ finding that the amount of assigned revenue in the amending budget was incorrect (it should have been EUR 1 200 000 and not EUR 3 400 000),

                           —

                           observed that, in her statement of assurance (attached to the annual activity report), the Director expressed the same reservations as in the previous year concerning political uncertainty in partner countries, the financial management of the Tempus convention and possible social, reputational, legal and financial implications of Tempus technical assistance in the Foundation,

               1.

               Expresses its satisfaction that the Court of Auditors has declared the annual accounts of the Foundation for the financial year 2008 to be legal and regular;

      Performance

               2.

               Notes that, in the interim evaluation of the Foundation (EAC/06/05 final report, 25 May 2006), the impact of its activities on its direct beneficiaries was in general considered positive; notes nevertheless that the impact on government institutions cannot easily be proved because of the difficulty of establishing a direct link between the results of the Foundation’s projects and the institutions’ activities;

               3.

               Congratulates the Foundation which, in supporting the Commission in 2008, obtained a 97 % satisfaction rate from the Commission; points out, in particular, that the most frequent applications to the Foundation were those in the field of policies and contributions in the preparation of European Neighbourhood Instruments (32 %), followed by formulation (21 %), programming (11 %), the identification of projects (10 %) and follow-up;

               4.

               Calls on the Foundation to set out, in a table to be annexed to the Court of Auditors’ next report, a comparison of operations carried out during the year for which discharge is to be granted and in the previous financial year so as to enable the discharge authority to assess its performance more effectively from one year to the next;

      The Foundation’s field of action

               5.

               Notes that following the recast in 2008 of Council Regulation (EEC) No 1360/90 of 7 May 1990 establishing a European Training Foundation (6), the Foundation now has the option of developing its expertise in different sectors from those considered in previous years; notes that Regulation (EC) No 1339/2008 specifies new procedural mechanisms for approving a broadening of the Foundation’s thematic and geographic scope;

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

               6.

               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;

      Internal audit

               7.

               Acknowledges that 12 out of the 27 recommendations made by the Internal Audit Service (IAS) have been implemented since 2006; notes that, amongst the 15 recommendations which have still not been implemented, six are considered to be ‘very important’; urges the Foundation, therefore, 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, and time recording of the staff);

      Human resources

               8.

               Is concerned about the findings of the Court of Auditors as regards the lack of transparency in recruitment procedures and the intervention of the European Anti-Fraud Office (OLAF), which has opened an inquiry (OF/2009/0370); draws attention to the Union’s Employment Guidelines and in particular Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (7) with regard to selection criteria and recruitment conditions; expects all Union agencies to adhere at a minimum to those Guidelines and calls on the Foundation to set an example by implementing fair, transparent and comprehensive recruitment procedures in the future;

               9.

               Urges the Foundation to report on the allocation of its human resources; points out, in particular, that inadequate consideration of human resources in the context of annual planning and activity reporting entails a risk of inefficiency and lack of transparency in the allocation and use of the Foundation’s staff; emphasises, moreover, that the objectives for individual staff members should be better aligned with the annual and strategic objectives of the Foundation and that the staff’s time-recording system should also be incorporated into the framework of the annual planning and budgeting;

               10.

               Notes the Court of Auditors’ observation that there are various weaknesses in the recruitment procedures; emphasises in particular the need for the Recruitment Assessment Boards to provide sufficient information on the procedures followed, including justifications for decisions and the dates on which they were taken, to ensure the transparency of these procedures;

               11.

               Notes, nevertheless, that the Foundation now says it has undertaken a thorough review of its recruitment procedures in response to the Court of Auditors’ findings and in the light of an internal audit carried out by the IAS in 2008; calls on the Foundation, therefore, to inform the discharge authority of action taken and the subsequent results;

               12.

               Notes the Foundation’s reply admitting the validity of the Court of Auditors’ opinion concerning the expatriation allowance denied to certain members of staff because of an incorrect interpretation of the rules; congratulates the Foundation for promising to review the cases concerned and then make the appropriate changes;

               13.

               Refers for other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 5 May 2010 (8) on the performance, financial management and control of the agencies.

      (1)  OJ C 304, 15.12.2009, p. 136.

      (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 255, 26.9.2009, p. 149.

      (6)  OJ L 131, 23.5.1990, p. 1.

      (7)  OJ L 303, 2.12.2000, p. 16.

      (8)  Texts adopted, P7_TA(2010)0139. See page 241 of this Official Journal.


Avis juridique important

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32001D0784

2001/784/EC,ECSC,Euratom: Council Decision of 8 November 2001 appointing seven members of the Court of Auditors

Official Journal L 295 , 13/11/2001 P. 0019 - 0019

Council Decisionof 8 November 2001appointing seven members of the Court of Auditors(2001/784/EC, ECSC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 247(3) thereof,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 45b(3) thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 160b(3) thereof,Having regard to the Opinions of the European Parliament(1),Whereas:(1) The terms of office of Mr Jean-François BERNICOT, Mr François COLLING, Mr Maarten B. ENGWIRDA, Mr Bernhard FRIEDMANN, Ms Kalliopi NIKOLAOU, Mr Hubert WEBER and Mr John WIGGINS expire on 31 December 2001.(2) New appointments should therefore be made,HAS DECIDED AS FOLLOWS:Article 1The following are hereby appointed members of the Court of Auditors for the period from 1 January 2002 to 31 December 2007:- Mr Jean-François BERNICOT- Mr David BOSTOCK- Mr François COLLING- Mr Maarten B. ENGWIRDA- Mr Ioannis SARMAS- Ms Hedda VON WEDEL- Mr Hubert WEBER.Article 2This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 8 November 2001.For the CouncilThe PresidentE. Boutmans(1) Opinions delivered on 23 October 2001 (not yet published in the Official Journal).


title: Decision of the European Parliament of 23 April 2009 on discharge in respect of the implementation of the budget of the Community Fisheries Control Agency for the financial year 2007

text:
               26.9.2009

               EN

               Official Journal of the European Union

               L 255/202

         DECISION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   on discharge in respect of the implementation of the budget of the Community Fisheries Control Agency for the financial year 2007
   (2009/683/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Community Fisheries Control Agency for the financial year 2007 (1),

               —

               having regard to the Court of Auditors’ report on the final annual accounts of the Community Fisheries Control Agency for the financial year 2007, together with the Agency’s replies (2),

               —

               having regard to the Council’s recommendation of 10 February 2009 (5588/2009 — C6-0060/2009),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency (4), and in particular Article 36 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 Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of, and Annex V to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A6-0179/2009),

               1.

               Grants the Executive Director of the Community Fisheries Control Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2007;

               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 Executive Director of Community Fisheries Control Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 278, 31.10.2008, p. 78.

      (2)  OJ C 311, 5.12.2008, p. 1.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 128, 21.5.2005, p. 1.

      (5)  OJ L 357, 31.12.2002, p. 72.
   RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   with observations forming an integral part of the Decision on discharge in respect of the implementation of the budget of the Community Fisheries Control Agency for the financial year 2007
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Community Fisheries Control Agency for the financial year 2007 (1),

               —

               having regard to the Court of Auditors’ report on the final annual accounts of the Community Fisheries Control Agency for the financial year 2007, together with the Agency’s replies (2),

               —

               having regard to the Council’s recommendation of 10 February 2009 (5588/2009 — C6-0060/2009),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency (4), and in particular Article 36 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 Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of, and Annex V to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A6-0179/2009),

               A.

               whereas the Court of Auditors (ECA) stated that it has obtained reasonable assurance that the annual accounts for the financial year 2007 are reliable, and the underlying transactions are legal and regular,

               1.

               Notes that the Agency acquired financial independence in November 2007, and that therefore the 2007 discharge exercise covers only an extremely short period of time;

               2.

               Notes that the Agency received a fully positive statement of assurance from the ECA; encourages the Agency to continue to strive for high quality in its financial management;

               3.

               Notes that the Agency’s budget was EUR 5 000 000 for 2007, more than half of which was managed by the Commission as the Agency only acquired financial independence shortly before the year-end;

               4.

               Notes the ECA’s observation that the Agency had not established appropriate procedures in order to determine the funds to be carried over, leading to the result that at least EUR 125 000 was carried over without legal commitments; notes that the Agency is committed to avoiding similar events in 2008;

               5.

               Notes the Agency’s reply to the ECA’s criticism concerning the missing adoption of internal control standards that its Administrative Board adopted internal control standards in March 2008;

               6.

               Notes that the ECA considers that the Agency has not yet sufficiently documented its internal control procedures; welcomes the fact that the Agency put in place an internal audit capability and recruited staff responsible for the further development of internal control systems in 2008;

               7.

               Notes the ECA’s finding that the description of the accounting system prepared by the authorising officer has yet to be validated by the accounting officer; requests that the Agency include information, if the validation has been completed, in its report on budgetary and financial management 2008;

               8.

               Refers for other observations accompanying its Decision on discharge which are of a horizontal nature to its Resolution of 23 April 2009 on financial management and control of EU agencies (6).

      (1)  OJ C 278, 31.10.2008, p. 78.

      (2)  OJ C 311, 5.12.2008, p. 1.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 128, 21.5.2005, p. 1.

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

      (6)  See page 206 of this Official Journal.


Avis juridique important

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31994D0776

94/776/EC: Council Decision of 28 November 1994 appointing an Ombudsman for Mostar for the duration of the European Union administration of Mostar

Official Journal L 312 , 06/12/1994 P. 0034 - 0034 Finnish special edition: Chapter 1 Volume 3 P. 0207  Swedish special edition: Chapter 1 Volume 3 P. 0207

COUNCIL DECISION of 28 November 1994 appointing an Ombudsman for Mostar for the duration of the European Union administration of Mostar (94/776/EC)THE COUNCIL OF THE EUROPEAN UNION,  HAS DECIDED AS FOLLOWS:  1. The Council of the European Union will appoint a European Union Ombudsman for Mostar for the duration of the European Union administration.  2. He will be independent in the performance of his duties. He will reside in Mostar.  3. Any natural person residing in the European Union administrated area and any legal person operating in that area directly and individually concerned, who claims that his/her rights have been violated by a decision of the European Union Administrator  based on a Regulation introduced pursuant to Article 10 (3) of the Memorandum of Understanding may bring that decision to the attention of the European Union Ombudsman for Mostar. The Ombudsman may deal with the matter only if all other legal remedies  have been exhausted.  4. The European Union Ombudsman for Mostar may address recommendations concerning claims referred to in paragraph 3 to the European Union Administrator. If, in a serious matter, the Administrator does not agree with the Ombudsman's recommendations, the  Ombudsman may refer the matter to the Council of the European Union together with a written comment by the European Union Administrator.  5. This Decision shall enter into force as from today's date.  6. This Decision shall be published in the Official Journal.  Done at Brussels, 28 November 1994.  For the Council The President K. KINKEL