title: Decision (EU) 2016/1540 of the European Parliament of 28 April 2016 on discharge in respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/295

         DECISION (EU) 2016/1540 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on discharge in respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Maritime Safety Agency for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Maritime Safety Agency for the financial year 2014, together with the Agency’s reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2014 (05584/2016 – C8-0072/2016),

               —

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

               —

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

               —

               having regard to Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (4), and in particular Article 19 thereof,

               —

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

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A8-0102/2016),

               1.

               Grants the Executive Director of the European Maritime Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2014;

               2.

               Sets out its observations in the resolution below;

               3.

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

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 409, 9.12.2015, p. 216.

      (2)  See footnote 1.

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

      (4)  OJ L 208, 5.8.2002, p. 1.

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

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


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32001D0548

2001/548/EC: Commission Decision of 9 July 2001 on the setting-up of a committee in the area of supplementary pensions (Text with EEA relevance) (notified under document number C(2001) 1775)

Official Journal L 196 , 20/07/2001 P. 0026 - 0027

Commission Decisionof 9 July 2001on the setting-up of a committee in the area of supplementary pensions(notified under document number C(2001) 1775)(Text with EEA relevance)(2001/548/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Communities, and in particular Articles 138 and 140 thereof,Whereas:(1) The European Commission, in its Social Policy Agenda of 28 June 2000, proposed to create a pensions forum to address the issue of pensions and mobility with all relevant actors by issuing a communication.(2) The European Commission, in its communication "Towards a single market for supplementary pensions" of 11 May 1999 (COM (1999) 134 final), supported the idea of setting up a pensions forum, as put forward by the High-Level Panel on Freedom of Movement, and consequent decided to convene such a forum to meet at least twice a year and to be made up of representatives or governments, the social partners, pension funds and, where appropriate, other institutions active in this area.(3) The European Parliament welcomed the Commission communication and the setting-up of such a Committee in its resolution concerning the Commission communication "Towards a single market for supplementary pensions",HAS DECIDED AS FOLLOWS:Article 11. A committee in the area of supplementary pensions (the pensions forum) shall be set up at the Commission.2. The pensions forum shall be composed of representatives of Member States' governments, the social partners and supplementary pension schemes.Article 21. The Commission may consult the pensions forum about any problems and developments at Community level affecting supplementary pensions.The pensions forum shall assist the Commission in particular in finding solutions to the problems and obstacles associated with cross-border mobility of workers in the area of supplementary pensions.2. The pensions forum shall work, where necessary, in cooperation with any other appropriate bodies or committees dealing with social and economic policy.Article 31. The pensions forum shall comprise 45 members.2. Seats shall be allocated as follows:- one seat per Member State,- four seats for the other EFA member countries (one seat for the European Free Trade Association liaison office and one seat per country involved),- 14 seats for the social partners represented at Community level,- 12 seats for the pension funds and other bodies active in this area:- three seats for the E.F.R.P. (European Federation for Retirement Provision),- one seat for each of the following bodies:- FEFSI (European Federation of Investment Funds and Companies)- ACME (Association of European Cooperative and Mutual Insurers)- AIM (International Association for Mutual Assistance)- CEA (European Insurance Committee)- AEIP (European Association of Paritarian Institutions)- EAPSPI (European Association of Public Sector Pension Institutions)- GCAACE (Groupe Consultatif des Associations d'actuaires des pays de la CE)- FBE (Banking Federation of the European Union)- AGE (the European older people's platform).Article 4The members of the pensions forum shall be appointed by the Commission on the basis of nominations from the Member States, the other countries making up the EEA, the social partners represented at Community level and the other bodies listed in Article 3. The Commission shall take all necessary measures to ensure balanced representation of the sexes.Article 5The term of office of members of the pensions forum shall be three years. It may be renewed.On expiry of their term of office, members of the pensions forum shall continue in office until such time as they are replaced or reappointed.A member's term of office shall terminate before expiry of the three-year period in the event of resignation of death. A member's term of office may also be terminated if the body which put him forward as a candidate asks for him to be replaced.The member shall be replaced for the remainder of the term of office.Members shall not receive payment for their work.Article 6The Commission shall publish the list of members for information in the Official Journal of the European Communities.Article 7The pensions forum shall elect one chairman and two vice-chairmen for a period of two years. They shall be elected by a two-thirds majority of the members present. The pensions forum shall be chaired by the representative of the relevant departments of Directorate General for Employment and Social Affairs until the members of the pensions forum elect a chairman.Article 8The pensions forum may invite any person with particular competence in respect of an item included on the agenda to take part in its deliberations as an expert.Experts shall take part in the deliberations only in respect of the item for which they have been invited to attend.Article 9The pensions forum may set up working parties.Article 101. The pensions forum shall be convened by the Commission and shall meet at the Commission's offices.2. Representatives of the Commission departments concerned shall take part in meetings of the pensions forum and the working parties.3. A Secretariat for the pensions forum and the working parties shall be provided by the Commission.Article 11The pensions forum shall discuss matters on which the Commission has requested an opinion. No vote shall be taken.The Commission may, when seeking the opinion of the pensions forum, set a time limit within which such opinion shall be given.The positions adopted by the economic categories represented shall be noted in the minutes, which shall be forwarded to the Commission.The Commission shall make the results of discussions available to all participants on requests of the latter.Article 12Without prejudice to the provisions of Article 287 of the Treaty, the members of the pensions forum shall be under an obligation not to disclose information which has come to their knowledge through the work of the pensions forum or of its working parties, where the Commission informs the latter that the opinion requested or the question raised in on a matter of a confidential nature.In such cases, meetings shall be attended only by the members of the pensions forum and the representatives of the Commission.Article 13The Commission shall assess the work and usefulness of the pensions forum within two years of the entry into force of this Decision.Article 14This Decision comes into force on the day of its adoption.Done at Brussels, 9 July 2001.For the CommissionAnna DiamantopoulouMember of the Commission


title: Council Decision 2004/833/CFSP of 2 December 2004 implementing Joint Action 2002/589/CFSP with a view to a European Union contribution to ECOWAS in the framework of the Moratorium on Small Arms and Light Weapons

text:
               4.12.2004

               EN

               Official Journal of the European Union

               L 359/65

      COUNCIL DECISION 2004/833/CFSP
   of 2 December 2004
   implementing Joint Action 2002/589/CFSP with a view to a European Union contribution to ECOWAS in the framework of the Moratorium on Small Arms and Light Weapons
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Joint Action 2002/589/CFSP of 12 July 2002 on the European Union's contribution to combating the destabilising accumulation and spread of small arms and light weapons (1), and in particular Article 3 thereof, in conjunction with Article 23(2) of the Treaty on European Union,
   Whereas:

               (1)

               The excessive and uncontrolled accumulation and spread of small arms and light weapons poses a threat to peace and security and reduces the prospects for sustainable development; this is particularly the case in West Africa.

               (2)

               In pursuing the objectives set out in Article 1 of Joint Action 2002/589/CFSP, the European Union envisages operating within the relevant international forums to promote confidence-building measures. This Decision is accordingly intended to implement the said Joint Action.

               (3)

               The European Union considers that a financial contribution and technical assistance would help to consolidate the Economic Community of West African States (ECOWAS) initiative concerning small arms and light weapons.

               (4)

               The European Union therefore intends to offer financial support and technical assistance to ECOWAS in accordance with Title II of Joint Action 2002/589/CFSP,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The European Union shall contribute towards implementing projects in the framework of the ECOWAS Moratorium on the Import, Export and Manufacture of Small Arms and Light Weapons.
   2.   To this end, the European Union shall offer a financial contribution and technical assistance to set up the Light Weapons Unit within the ECOWAS Technical Secretariat and convert the Moratorium into a Convention on small arms and light weapons between the ECOWAS Member States. The detailed arrangements for this assistance are set out in the Annex.
   Article 2
   1.   In order to achieve the objectives specified in Article 1, the Presidency shall appoint a project manager based in Abuja, Nigeria.
   2.   The project manager shall perform his tasks under the responsibility of the Presidency.
   3.   The project manager shall report regularly to the Council or its designated bodies through the Presidency assisted by the Secretary-General/High Representative for the CFSP.
   4.   In carrying out his activities, the project manager shall cooperate, as appropriate, with local missions of Member States and the Commission.
   Article 3
   The Commission shall be entrusted with the financial implementation of this Decision. To that end, it shall conclude a financing agreement with ECOWAS on the conditions for use of the European Union contribution, which shall take the form of a grant. Amongst other things, this grant shall cover, over a period of 12 months, salaries, travel expenses, supplies and equipment necessary for setting up the Light Weapons Unit within the ECOWAS Technical Secretariat and converting the Moratorium into a Convention on small arms and light weapons between the ECOWAS Member States. The financing agreement to be concluded shall stipulate that ECOWAS must ensure visibility of the European Union contribution, appropriate to its size.
   Article 4
   1.   The financial reference amount for the purposes referred to in Article 1 shall be EUR 515 000.
   2.   The Presidency and the Commission shall submit to the relevant Council bodies regular reports on the consistency of the European Union's activities in the field of small arms and light weapons, in particular with regard to its development policies, in accordance with Article 9(1) of Joint Action 2002/589/CFSP. More particularly, the Commission shall report on the aspects referred to in the first sentence of Article 3. This information shall be based, amongst other things, on regular reports to be supplied by ECOWAS under its contractual relationship with the Commission.
   Article 5
   This Decision shall take effect on the date of its adoption. It shall expire on 31 December 2005.
   Article 6
   This Decision shall be reviewed within six months of the date of its adoption.
   Article 7
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 2 December 2004.

            For the Council

            The President

         J. P. H. DONNER

      (1)  OJ L 191, 19.7.2002, p. 1.

      ANNEX
      PROJECT ON EU ASSISTANCE TO ECOWAS
      Objective of the project: conversion of the ECOWAS Moratorium on the Import, Export and Manufacture of Small Arms and Light Weapons into a legally binding regional Convention in December 2005, with a view to an operational West African contribution to the 2006 review conference on the United Nations Programme of Action.
      Timetable and implementation of the project: presentation to ECOWAS Heads of State in December 2005 of a draft regional Convention on light weapons.

                  —

                  January-June 2005: evaluation of a legislative and regulatory system for small arms and light weapons in the 15 ECOWAS countries.

                              —

                              Use of expertise gained in this area by the Programme for Coordination and Assistance on Security and Development (PCASED March 1999 to November 2004) when establishing national commissions with the assistance of civil society.

                              —

                              Putting in place of an African expert responsible for evaluation, with expertise in small arms and light weapons in the ECOWAS area (from amongst PCASED personnel), under the control of the Executive Secretary of ECOWAS. One-week stay in each ECOWAS country in order to determine specific national approaches vis-à-vis the problem of light weapons.

                              —

                              Taking into account of experience in this area by other regional African organisations (South African Development Community (SADC) East Africa):

                                          —

                                          SADC Firearms Protocol (2001).

                                          —

                                          Nairobi coordinated agenda for action on the problem of the proliferation of light weapons (2004).

                              —

                              Preparatory meeting within the Light Weapons Unit of ECOWAS with a view to organising a seminar/negotiating session (Abuja). Presentation by the PCASED expert to the Light Weapons Unit of the results of the regional evaluation.

                  —

                  July-September 2005

                              —

                              Drawing up of the draft regional convention by the Light Weapons Unit.

                              —

                              Promotion of the draft convention to ECOWAS States by the ECOWAS Executive Secretariat.

                  —

                  October-November 2005

                              —

                              Organisation of a seminar/negotiating session in Abuja involving State representatives and national experts from the 15 ECOWAS States.

                              —

                              Finalisation of a draft regional Convention by the Light Weapons Unit.

                  —

                  December 2005

                              —

                              Presentation to ECOWAS Heads of State of the final draft Convention during an ordinary ECOWAS summit, and opening for adoption.


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32000D0814

2000/814/EC: Council Decision of 14 December 2000 on the conclusion of an Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol establishing, for the period 1 July 2000 to 30 June 2001, the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea

Official Journal L 329 , 27/12/2000 P. 0039 - 0039

Council Decisionof 14 December 2000on the conclusion of an Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol establishing, for the period 1 July 2000 to 30 June 2001, the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea(2000/814/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) Pursuant to the Agreement between the European Community and the Government of the Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea(1), the two Parties conducted negotiations with a view to extending for one year the Protocol annexed to this Decision, which expired on 30 June 2000.(2) As a result of those negotiations, a new Protocol was initialled on 16 June 2000.(3) The Protocol provides Community fishermen with fishing opportunities from 1 July 2000 to 30 June 2001 in waters over which the Republic of Equatorial Guinea has sovereignty or jurisdiction.(4) In order to avoid any longer interruption in the fishing activities of Community vessels, it is essential that the new Protocol be applied as soon as possible. For this reason, the two Parties have initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the initialled Protocol from 1 July 2000. That Agreement should be approved, pending a final decision to be taken on the basis of Article 37 of the Treaty,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol establishing, for the period 1 July 2000 to 30 June 2001, the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea is hereby approved on behalf of the Community.The text of the Agreement in the form of an Exchange of Letters and that of the Protocol are attached to this Decision.Article 21.>TABLE>2. If licence applications from those Member States do not exhaust the fishing opportunities provided for in the Protocol, the Commission may consider licence applications from any other Member State.Article 3The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.Done at Brussels, 14 December 2000.For the CouncilThe PresidentJ. Glavany(1) OJ L 188, 16.7.1984, p. 2. Agreement amended by the Agreement approved by Regulation (EEC) No 252/87 (OJ L 29, 30.1.1987, p. 1).


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31996D0365

96/365/EC: Council Decision of 13 May 1996 on the conclusion by the European Community of the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Republic of Kazakhstan, of the other part

Official Journal L 147 , 20/06/1996 P. 0001 - 0001

COUNCIL DECISION of 13 May 1996 on the conclusion by the European Community of the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Republic of Kazakhstan, of the other part (96/365/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,Having regard to the opinion of the European Parliament (1),Whereas, pending the entry into force of the Partnership and Cooperation Agreement signed in Brussels on 23 January 1995, it is necessary to approve the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Republic of Kazakhstan, of the other part,HAS DECIDED AS FOLLOWS:Article 1 The Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Republic of Kazakhstan, of the other part, together with the Protocol and the declarations, are hereby approved on behalf of the European Community.These texts are attached to this Decision.Article 2 The President of the Council shall give the notification provided for in Article 33 of the Interim Agreement on behalf of the European Community (2).Done at Brussels, 13 may 1996.For the CouncilThe PresidentS. AGNELLI(1) OJ No C 141, 13. 5. 1996.(2) The date of the entry into force of the Interim Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


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31987D0369

87/369/EEC: Council Decision of 7 April 1987 concerning the conclusion of the International Convention on the Harmonized Commodity Description and Coding System and of the Protocol of Amendment thereto

Official Journal L 198 , 20/07/1987 P. 0001 - 0002 Finnish special edition: Chapter 11 Volume 12 P. 0003  Swedish special edition: Chapter 11 Volume 12 P. 0003

COUNCIL DECISION of 7 April 1987 concerning the conclusion of the International Convention on the Harmonized Commodity Description and Coding System and of the Protocol of Amendment thereto (87/369/EEC)    THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community and in particular Articles 28, 113 and 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Whereas the Customs Cooperation Council, at its plenary session in June 1983, adopted the International Convention on the Harmonized Commodity Description and Coding System;  Whereas the purpose of this Convention is to facilitate international trade and the collection, comparison and analysis of statistics applicable to such trade;  Whereas this Convention is intended to replace, as the international basis for customs tariffs and statistical nomenclatures, the Convention on Nomenclature signed in Brussels on 15 December 1950, which is currently used as the basis for the Common Customs Tariff and NIMEXE;  Whereas this Convention was signed, on behalf of the Community, subject to acceptance, on 10 June 1985 ; whereas a Protocol of Amendment to that Convention was adopted by the Customs Cooperation Council on 24 June 1986 ; whereas it is desirable that the instrument of acceptance of that Protocol be deposited at the same time as the instrument of acceptance of the International Convention on the Harmonized System;  Whereas the Community proposes to apply the harmonized system from 1 January 1988;  Whereas it is of essential interest to the Community to accede to this Convention, together with the most important countries engaged in international trade,  HAS DECIDED AS FOLLOWS:     Article 1 The International Convention on the Harmonized Commodity Description and Coding System, done at Brussels on 14 June 1983, and the Protocol of Amendment thereto, done at Brussels on 24 June 1986, are hereby approved on behalf of the Community.  (1) OJ No C 120, 4.5.1984, p. 2. (2) OJ No C 300, 12.11.1984, p. 53.   The texts of the Convention and of the Protocol of Amendment thereto are attached to this Decision.    Article 2 This Decision shall in no way prejudice the position of the Community in the negotiations concerning the adoption of revised schedules of tariff concessions based upon the Harmonized System. These negotiations shall continue to be conducted in strict accordance with the specific guidelines agreed by the GATT with the aim of securing neutrality in the transposition of tariff schedules.    Article 3 The President of the Council is hereby authorized to designate the person empowered to deposit the instruments of acceptance on behalf of the Community (1).     Done at Luxembourg, 7 April 1987.  For the Council  The President  Ph. MAYSTADT  (1) The date of entry into force of the Convention and of the Protocol of Amendment thereto will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


title: 2010/411/: Council Decision of 28 June 2010 on the signing, on behalf of the Union, of the Agreement between the European Union and the United States of America on the processing and transfer of financial messaging data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program

text:
               27.7.2010

               EN

               Official Journal of the European Union

               L 195/1

         COUNCIL DECISION
   of 28 June 2010
   on the signing, on behalf of the Union, of the Agreement between the European Union and the United States of America on the processing and transfer of financial messaging data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program
   (2010/411/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 87(2)(a) and 88(2), in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               By decision of 11 May 2010, the Council authorised the Commission to open negotiations on behalf of the European Union between the Union and the United States to make available to the United States Treasury Department financial messaging data to prevent and combat terrorism and terrorism financing. The negotiations were successfully concluded by the initialling of the Agreement between the European Union and the United States of America on the processing and transfer of financial messaging data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program (‘the Agreement’).

               (2)

               The Agreement should be signed, subject to its conclusion at a later stage.

               (3)

               The Agreement respects the fundamental rights and observes the principles recognised in particular in the Charter of Fundamental Rights of the European Union, notably the right to private and family life, recognised in Article 7 of the Charter, the right to the protection of personal data, recognised in Article 8 of the Charter and the right to effective remedy and fair trial recognised in Article 47 of the Charter. The Agreement should be applied in accordance with those rights and principles.

               (4)

               In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom has notified its wish to take part in the adoption and application of this Decision.

               (5)

               In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Ireland is not taking part in the adoption of this Decision and is not bound by it or subject to its application, without prejudice to its rights under the Protocol with respect to the Decision on the conclusion of the Agreement.

               (6)

               In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Agreement between the European Union and the United States of America on the processing and transfer of financial messaging data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program (1) (‘the Agreement’) is hereby approved on behalf of the Union, subject to the conclusion of the said Agreement.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union subject to its conclusion.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 28 June 2010.

            For the Council

            The President

         M. Á. MORATINOS

      (1)  See page 5 of this Official Journal.


title: Council Decision 2011/298/CFSP of 23 May 2011 amending Decision 2010/279/CFSP on the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)

text:
               24.5.2011

               EN

               Official Journal of the European Union

               L 136/64

         COUNCIL DECISION 2011/298/CFSP
   of 23 May 2011
   amending Decision 2010/279/CFSP on the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28 and Article 43(2) thereof,
   Whereas:

               (1)

               On 30 May 2007 the Council adopted Joint Action 2007/369/CFSP (1) establishing the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN).

               (2)

               On 18 May 2010 the Council adopted Decision 2010/279/CFSP (2) which extended EUPOL AFGHANISTAN until 31 May 2013.

               (3)

               The financial reference amount provided for in Decision 2010/279/CFSP and intended to cover the expenditure related to EUPOL AFGHANISTAN until 31 May 2011 should cover the period until 31 July 2011.

               (4)

               Decision 2010/279/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   In Article 13 of Decision 2010/279/CFSP, paragraph 1 is replaced by the following:

      ‘1.   The financial reference amount intended to cover the expenditure related to EUPOL AFGHANISTAN until 31 July 2011 shall be EUR 54 600 000.’.

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

      Done at Brussels, 23 May 2011.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 139, 31.5.2007, p. 33.

      (2)  OJ L 123, 19.5.2010, p. 4.


title: 2013/618/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the ENIAC Joint Undertaking for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/345

      DECISION OF THE EUROPEAN PARLIAMENT

   of 17 April 2013
   on discharge in respect of the implementation of the budget of the ENIAC Joint Undertaking for the financial year 2011
   (2013/618/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the ENIAC Joint Undertaking for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the ENIAC Joint Undertaking for the financial year 2011, together with the replies of the Joint Undertaking (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05755/2013 – C7-0040/2013),

               —

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

               —

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

               —

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

               —

               having regard to Council Regulation (EC) No 72/2008 of 20 December 2007 setting up the ENIAC Joint Undertaking (4), and in particular Article 11(4) thereof,

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A7-0105/2013),

               1.

               Grants the Executive Director of the ENIAC Joint Undertaking discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2011;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the ENIAC Joint Undertaking, 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 6, 10.1.2013, p. 18.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 30, 4.2.2008, p. 21.

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

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      of 17 April 2013
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the ENIAC Joint Undertaking for the financial year 2011
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the ENIAC Joint Undertaking for the financial year 2011,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the ENIAC Joint Undertaking for the financial year 2011, together with the replies of the Joint Undertaking (1),

                  —

                  having regard to the Council’s recommendation of 12 February 2013 (05755/2013 – C7-0040/2013),

                  —

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

                  —

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

                  —

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

                  —

                  having regard to Council Regulation (EC) No 72/2008 of 20 December 2007 setting up the ENIAC Joint Undertaking (4), and in particular Article 11(4) thereof,

                  —

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

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control (A7-0105/2013),

                  A.

                  whereas the ENIAC Joint Undertaking (‘the Joint Undertaking’) was set up in 20 December 2007 for a period of 10 years to define and implement a ‘research agenda’ for the development of key competences for nanoelectronics across different application areas;

                  B.

                  whereas the Joint Undertaking was granted its financial autonomy in July 2010;

                  C.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts of the Joint Undertaking for the financial year 2011 are reliable;

                  D.

                  whereas the Court of Auditors has delivered a qualified opinion on the legality and the regularity of the transactions underlying the Joint Undertaking’s accounts;

                  E.

                  whereas the maximum contribution for the period of 10 years from the Union to the Joint Undertaking is EUR 450 000 000 to be paid from the budget of the Seventh Research Framework Programme.

         Budgetary and financial management

                  1.

                  Takes note that the Joint Undertaking’s 2011 final budget included commitment and payment appropriations amounting to EUR 66 000 000 and EUR 35 000 000 respectively and that the utilisation rates were 97 % for commitment appropriations and 48 % for payment appropriations respectively; notes furthermore that out of the EUR 63,6 million commitment appropriations available for operational activities, EUR 20,1 million was implemented as a global commitment for the first 2011 call for proposals and EUR 42,2 million was implemented as a global commitment for the second 2011 call for proposals; calls for a detailed progress report on those shortcomings which makes specific proposals for a gradual improvement in utilisation rates;

                  2.

                  Regrets that the Joint Undertaking’s appropriations, which should have been implemented by the end of 2010 and appropriations which should have been implemented by the end of 2011, were decommitted in January 2012 and that the unused global commitment of EUR 2,8 million on the operational activities budget line for 2010 with a final date of implementation of 31 December 2011 was not decommitted; takes note that the Joint Undertakings have been taken actions to avoid any future recurrence defining a detailed procedure for managing the year end closure and setting hard deadlines;

                  3.

                  Is concerned that annual accounts of the Joint Undertaking received a qualified opinion from the Court of Auditors on the legality and the regularity of the transactions underlying those accounts on the grounds that the Joint Undertaking was not in a position to assess whether the ex post audit strategy provides sufficient assurance with respect to the legality and regularity of the underlying transactions; reiterates that the Joint Undertaking should reinforce without delay the quality of its ex ante controls in particular for the grant management, requests that the discharge authority is informed of the results of the following ex post audit processes conducted by the Joint Undertaking; expects that the Court through its independent audits will be in position to provide the discharge authority with its own opinion on the effectiveness of the Joint Undertaking’s ex post audit strategy;

                  4.

                  Recalls that the Joint Undertaking adopted an ex post audit strategy in 2010 that is key to assessing the legality and regularity of the underlying transactions and that its implementation started in 2011; notes that the audit of project cost claims has been delegated to the National Funding Authorities (NFAs) of the Member States; however the administrative agreements signed with the NFAs do not include the practical arrangements for those audits; notes furthermore that the Joint Undertaking had not received sufficient information relating to the audit strategies of the NFAs; deplores the fact that no ex post audits had been carried out by the NFAs on the grants paid up to the end of 2011 and invites the Joint Undertaking to inform the discharge authority on the follow up actions taken;

         Calls for proposals

                  5.

                  Takes note that the calls for proposals duly organised in 2008, 2009 and 2010 resulted in signed grant agreements totalling EUR 107,9 million, which represent 25 % of the maximum Union contribution to the Joint Undertaking for research activities, and that in 2011, two calls for proposals were launched amounting to EUR 62,3 million; notes that in 2012, two more calls for proposals were launched amounting to EUR 84,5 million and that during 2013, calls for proposals with a budget of EUR 185,3 million (42 %) would have to be launched in order to fully use the available Union contribution of EUR 440 000 000; calls on the Joint Undertaking to make the best possible use of the resources that have been allocated for the implementation of the Joint Technology Initiative on Nanoelectronics;

         Internal control systems

                  6.

                  Reiterates its call that the Joint Undertaking should fully implement its internal controls and financial information systems; notes this triggered significant errors and delays in the financial reporting that were corrected before the adoption of the final accounts;

                  7.

                  Takes note that the Accounting Officer of the Joint Undertaking validated the financial and accounting systems (ABAC and SAP); notes, however, that the underlying business processes were not validated, in particular the one providing financial information about the validation and payment of the cost claims received from the national authorities were not validated during 2011; asks the Joint Undertaking to inform the discharge authority about the state of validation of the underlying business processes;

         Internal Audit

                  8.

                  Takes note that the Joint Undertaking’s Financial Rules have not yet been amended to include the provision of the Framework Regulation referring to the powers of the Commission’s internal auditor; notes, however, that in 2011, the Commission’s Internal Audit Service carried out a risk assessment exercise and that based on the results of the risk assessment, the strategic audit plan for 2012-2014 was presented to the Governing Board for adoption on 22 November 2011; recalls that at the end of 2011 the Joint Undertaking had not yet set up its internal audit capability but that Joint Undertaking decided in 2012 to assign a member of Its own staff to the IAC function;

         ENIAC Member States’ contribution

                  9.

                  Takes note that for the first five calls for proposals, the financial contribution from ENIAC Member States amounted to 1,55 times the Union financial contribution against the Joint Undertaking’s statutory principle that the financial contributions from ENIAC Member States are to amount in total to at least 1,8 times the Union financial contribution, while the Joint Undertaking’s grants can reach a maximum of 16,7 % of the total eligible costs of the projects;

                  10.

                  Condemns the fact that Greece is using Union structural funds to cover its national contributions to the Greek beneficiaries of the ENIAC projects instead of providing national funding, condemns the fact that the Joint Undertaking acknowledged the continuation of Greek participation in ENIAC projects but provides no funding to the Greek beneficiaries as an expenditure co-financed by Union structural funds shall not receive assistance from another Union financial instrument in accordance with Council Regulation (EC) No 1083/2006 (6); requests that the Commission inform the discharge authority on the legality of this situation as soon as possible;

         Annual activity report

                  11.

                  Takes note that the annual activity report provides information on the results of the operations of the Joint Undertaking; however, it does not include an assessment of the efficiency and effectiveness of the internal control system and contains the following weaknesses:

                              —

                              Lack of information on the implementation of the ex-post audit strategy, which is not sufficient to conclude whether this key control is functioning effectively, and should have led to a reservation;

                              —

                              No information on the partial validation of the financial and accounting systems by the accounting officer is provided;

                              —

                              The control weaknesses identified as regards the accounting and financial reporting did not lead to a reservation in the annual activity report;

         Other management matters

                  12.

                  Notes that in 2011, the Joint Undertaking set up a Business Continuity Plan and made progress on the formalisation of the IT security policies but further work is required to finalise the Disaster Recovery Plan;

                  13.

                  Welcomes the fact that the Host State Agreement between the Joint Undertaking and the Belgian authorities concerning office accommodation, privileges and immunities and other support to be provided was signed on 3 February 2012;

         Other issues

         Possible merger with Artemis

                  14.

                  Considers that cost benefit analysis of a merger with Artemis should be undertaken and that Parliament should be notified about the results of this assessment. This report should highlight the possible advantages and disadvantages of such a merger;

                  15.

                  Reiterates its invitation for the Court of Auditors to provide, within a reasonable deadline, a special report to Parliament on common issues which occur due to the nature of the joint undertakings, and which should be addressed by the joint undertakings together with their partners in order to ensure their added value and efficient execution of Union research, technological development and demonstration programmes; notes, furthermore, that that report should include an assessment of the effectiveness of the joint undertakings’ establishment and structure.

         (1)  OJ C 6, 10.1.2013, p. 18.

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

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

         (4)  OJ L 30, 4.2.2008, p. 21.

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

         (6)  OJ L 210, 31.7.2006, p. 25.


Avis juridique important

|

31999D1419

Decision 1419/1999/EC of the European Parliament and of the Council of 25 May 1999 establishing a Community action for the European Capital of Culture event for the years 2005 to 2019

Official Journal L 166 , 01/07/1999 P. 0001 - 0005

DECISION 1419/1999/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILof 25 May 1999establishing a Community action for the European Capital of Culture event for the years 2005 to 2019THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 151 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Committee of the Regions(2),Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),(1) Whereas, throughout its history, Europe has been the site of exceptionally prolific and varied artistic activity; whereas urban life has played a major role in the growth and influence of the European cultures;(2) Whereas Article 151 of the Treaty grants powers to the Community in the cultural field; whereas all Community activity designed to promote cultural activities should therefore be undertaken on this legal basis, in accordance with the objectives and means assigned to the Community by the Treaty;(3) Whereas, on 13 June 1985, the Ministers responsible for Cultural Affairs meeting within the Council, adopted a resolution concerning the annual event "European City of Culture"(4), the main aim of which was to open up to the European public particular aspects of the culture of the city, region or country concerned, an event for which the Community has provided financial support;(4) Whereas a study which has been carried out into the results achieved by European Cities of Culture shows that the event has a positive impact in terms of media resonance, the development of culture and tourism and the recognition by inhabitants of the importance of their city having been chosen;(5) Whereas the positive impact has none the less not always produced results lasting beyond the duration of the project itself and whereas, while recognising their competence to decide about the content of their project, the attention of public decision-makers in the cities chosen should be drawn to the need to integrate the cultural project into a dynamic medium-term process;(6) Whereas this initiative is important both for strengthening local and regional identity and for fostering European integration;(7) Whereas, in the discussions leading up to its opinion of 7 April 1995(5) on the Kaleidoscope programme established by Decision No 719/96/EC(6), the European Parliament asked the Commission to present a specific programme on the European City of Culture after the year 2000 on the basis of Article 151 of the Treaty;(8) Whereas the importance and impact of the City of Culture event calls for the creation of a rotational system of designation which will ensure that each Member State will have one of its cities chosen at regular intervals; whereas a predictable, consistent and transparent rotational system is best achieved through a single decision whereby the order in which Member States will hold the event is decided;(9) Whereas it is appropriate for the Council to designate the Capitals of Culture in view of the great symbolic importance in the Member States of such a designation;(10) Whereas any Community initiative to promote the European City of Culture must satisfy predefined objectives and use the resources provided for by the Treaty;(11) Whereas the Community has in the past made a contribution to the European City of Culture and the European Cultural Month events under the Kaleidoscope Programme, which is due to expire in 1999;(12) Whereas on 22 September 1997 the Council adopted a Decision regarding the future of European cultural action(7) in which it called on the Commission, in accordance with Article 208 of the Treaty, to table proposals for a single programme for culture by May 1998, into which an action European Capital of Culture will be incorporated, including funding arrangements;(13) Whereas the Commission has submitted to the European Parliament and the Council a communication on the first European Community framework programme in support of culture, including a proposal for a decision establishing a single financing and programming instrument for cultural cooperation,HAVE DECIDED AS FOLLOWS:Article 1A Community action entitled "European Capital of Culture" shall be established. Its objective shall be to highlight the richness and diversity of European cultures and the features they share, as well as to promote greater mutual acquaintance between European citizens.Article 21. One city of a Member State shall be designated as European Capital of Culture, in turn, as set out in Annex I. The chronological order set out in Annex I may be altered by mutual agreement between the Member States concerned. The nomination or nominations shall be notified to the European Parliament, the Council, the Commission and the Committee of the Regions by the Member State concerned, possibly accompanied by a recommendation from the latter, no later than four years before the event in question is due to begin.2. The Commission shall each year form a selection panel which shall issue a report on the nomination or nominations judged against the objectives and characteristics of this action. The selection panel shall be composed of seven leading independent figures who are experts on the cultural sector, of whom two shall be appointed by the European Parliament, two by the Council, two by the Commission and one by the Committee of the Regions. The selection panel shall submit its report to the Commission, the European Parliament and the Council.3. The European Parliament may forward an opinion to the Commission on the nomination or nominations not later than three months after receipt of the report. The Council, acting on a recommendation from the Commission drawn up in the light of the opinion of the European Parliament and of the selection panel's report, shall officially designate the city in question as a European Capital of Culture for the year for which it has been nominated.Article 3The nomination shall include a cultural project of European dimension, based principally on cultural cooperation, in accordance with the objectives and action provided for by Article 151 of the Treaty.The submission shall specify how the nominated city intends:- to highlight artistic movements and styles shared by Europeans which it has inspired or to which it has made a significant contribution,- to promote events involving people active in culture from other cities in Member States and leading to lasting cultural cooperation, and to foster their movement within the European Union,- to support and develop creative work, which is an essential element in any cultural policy,- to ensure the mobilisation and participation of large sections of the population and, as a consequence, the social impact of the action and its continuity beyond the year of the events,- to encourage the reception of citizens of the Union and the widest possible dissemination of the various events by employing all forms of multimedia,- to promote dialogue between European cultures and those from other parts of the world and, in that spirit, to optimise the opening up to, and understanding of others, which are fundamental cultural values,- to exploit the historic heritage, urban architecture and quality of life in the city.Article 4European non-member countries may participate in this action. Any such country may nominate one city as a European Capital of Culture and should notify its nomination to the European Parliament, the Council, the Commission and the Committee of the Regions. The Council, acting unanimously on a recommendation from the Commission, shall officially designate one of these nominated cities as a European Capital of Culture for each year, bearing in mind the desirability of four years' preparation time.Article 5Each city shall organise a programme of cultural events highlighting the city's own culture and cultural heritage as well as its place in the common cultural heritage, and involving people concerned with cultural activities from other European countries with a view to establishing lasting cooperation. In addition to the foregoing, the list indicating planning and evaluation criteria set out in Annex II should be taken into account to the greatest possible extent by the designated city in planning its programme. In principle this programme should last one year but as an exception designated cities may opt for a shorter period of time. Cities may choose to involve their surrounding region in their programme. A linkage between the programmes of the designated cities of the same year should be made.Article 6Each year the Commission shall produce a report evaluating the results of the previous year's event, including an analysis by the organisers of the latter. This report shall be presented to the European Parliament, the Council and the Committee of the Regions. The Commission may also make any proposals for revision of this Decision which it judges necessary for the smooth operation of this action and, in particular, with a view to the future enlargement of the Union.Done at Brussels, 25 May 1999.For the European ParliamentThe PresidentJ. M. GIL-ROBLESFor the CouncilThe PresidentH. EICHEL(1) OJ C 362, 28.11.1997, p. 12.(2) OJ C 180, 11.6.1998, p. 70.(3) Opinion of the European Parliament of 30 April 1998 (OJ C 152, 18.5.1998, p. 55), Council Common Position of 24 July 1998 (OJ C 285, 14.9.1998, p. 5) and Decision of the European Parliament of 11 March 1999 (OJ C 175, 21. 6. 1999). Council Decision of 10 May 1999.(4) OJ C 153, 22.6.1985, p. 2.(5) OJ C 109, 1.5.1995, p. 281.(6) Decision No 719/96/EC of the European Parliament and of the Council of 29 March 1996 establishing a programme to support artistic and cultural activities having a European dimension (Kaleidoscope) (OJ L 99, 20.4.1996, p. 20).(7) OJ C 305, 7.10.1997, p. 1.ANNEX IORDER OF ENTITLEMENT TO NOMINATE A EUROPEAN CAPITAL OF CULTURE>TABLE>ANNEX IILIST INDICATING PLANNING AND EVALUATION CRITERIAPossible elements of designated cities' programmes:- promotion of shared artistic movements and styles in the development of which the city has played a particular role,- organisation of artistic events (music, dance, theatre, visual arts, cinema, etc.) and improvement of the promotion and management of the arts,- promotion of European public awareness of the figures and events which have marked the history and culture of the city,- organisation of specific activities designed to encourage artistic innovation and to generate new forms of cultural action and dialogue,- organisation of measures to increase access to and awareness of fixed and movable artistic assets and artistic productions specific to the city,- organisation of specific cultural projects designed to bring young people to the arts,- organisation of specific cultural projects designed to increase social cohesion,- taking the planned activities to a wider public, particularly through the use of multimedia and audiovisual means and a multilingual approach,- contribution to the development of economic activity, particularly in terms of employment and tourism,- need to develop high-quality and innovative cultural tourism with due allowance being made for the importance in this connection of managing the cultural heritage on a sustainable basis and reconciling the wishes of visitors with those of the local population,- organisation of projects designed to encourage the development of links between the architectural heritage and strategies for new urban development,- joint organisation of initiatives designed to promote dialogue between the cultures of Europe and the cultures of other parts of the world.


title: 2013/773/EU: Council Decision of 17 December 2013 appointing a German member of the Committee of the Regions

text:
               19.12.2013

               EN

               Official Journal of the European Union

               L 343/41

         COUNCIL DECISION
   of 17 December 2013
   appointing a German member of the Committee of the Regions
   (2013/773/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the German Government,
   Whereas:

               (1)

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

               (2)

               A member's seat on the Committee of the Regions will become vacant following the end of the term of office of Ms Emilia MÜLLER,

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

               —

               Dr Beate MERK, Bayerische Staatsministerin für Europaangelegenheiten und regionale Beziehungen.

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

      Done at Brussels, 17 December 2013.

            For the Council

            The President

         L. LINKEVIČIUS

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

      (2)  OJ L 12, 19.1.2010, p. 11.


title: Council Decision of 21 December 1976 on the Community financing of certain costs relating to emergency food aid to Lebanon under the 1977 programme

text:
 28 . 12. 76                          Official Journal of the European Communities                           No L 356/ 19
                                                              II
                                         (Acts whose publication is not obligatory)
                                                     COUNCIL
                                                  COUNCIL DECISION
                                                   of 21 December 1976
               on the Community financing of certain costs relating to emergency food aid to
                                          Lebanon under the 1977 programme
                                                        (76/913/EEC)
THE COUNCIL OF THE EUROPEAN                                      stage ; whereas such costs should consequently be
 COMMUNITIES,                                                    borne by the Community as far as the frontier of that
                                                                 country,
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                 HAS DECIDED AS FOLLOWS :
 Having regard to Council Regulation (EEC) No
 1703/72 of 3 August 1972 amending Regulation                                         Sole Article
(EEC) No 2052/69 on the Community financing of
 expenditure arising from the implementation of the              Within the framework of Community emergency food
 Food Aid Convention of 1967 and laying down rules               aid for the Lebanese Republic under the 1977
 for the Community financing of expenditure arising              programme, the Community shall bear the costs of
 from the implementation of the Food Aid Convention              transport to the frontier of that country.
 of 1971 ('), and in particular Articles 8 ( 1 ) and 10 ( 1 )
 thereof,
                                                                 Done at Brussels, 21 December 1976.
 Having regard to the proposal from the Commission,
Whereas, in view of its economic and financial situa                                         For the Council
 tion, the Lebanese Republic which is to receive emer                                          The President
gency food aid under the 1977 programme, would
have difficulty in financing transport beyond the fob                                   A. P. L. M. M. van der STEE
(>) OJ No L 180, 8 . 8 . 1972, p. 1 .


title: Council Decision of 29 November 2004 appointing a member of the Advisory Committee of the Euratom Supply Agency

text:
               9.12.2004

               EN

               Official Journal of the European Union

               C 305/1

      COUNCIL DECISION

   of 29 November 2004
   appointing a member of the Advisory Committee of the Euratom Supply Agency
   (2004/C 305/01)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second and third paragraphs of Article 54 thereof,
   Having regard to Article X of the Statutes of the Euratom Supply Agency (1), as last amended by Decision 95/1/EC, Euratom, ECSC of 1 January 1995 (2),
   Having regard to the Council Decision of 22 September 2003 appointing the members of the Advisory Committee of the Euratom Supply Agency (3),
   Having regard to the opinion of the Commission,
   Whereas:

               (1)

               A member's seat on the above Committee has fallen vacant following the resignation of Mr Georgios KOUTZOUKOS, of which the Council was informed on 18 June 2004.

               (2)

               That vacancy should therefore be filled.

               (3)

               The Greek Government submitted a nomination on 18 June 2004,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   Mr Nicolas KATSAROS is hereby appointed a member of the Advisory Committee of the Euratom Supply Agency for the remainder of the Committee's term of office, ending on 28 March 2005.

      Done at Brussels, 29 November 2004.

            For the Council

            The President

         L.J. BRINKHORST

      (1)  OJ 27, 6.12.1958, p. 534/58.

      (2)  OJ L 1, 1.1.1995, p. 1.

      (3)  OJ C 232, 27.9.2003, p. 1.


Avis juridique important

|

31998D0181

98/181/EC, ECSC, Euratom: Council and Commission Decision of 23 September 1997 on the conclusion, by the European Communities, of the Energy Charter Treaty and the Energy Charter Protocol on energy efficiency and related environmental aspects

Official Journal L 069 , 09/03/1998 P. 0001 - 0116

COUNCIL AND COMMISSION DECISION of 23 September 1997 on the conclusion, by the European Communities, of the Energy Charter Treaty and the Energy Charter Protocol on energy efficiency and related environmental aspects (1) (98/181/EC, ECSC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Coal and Steel Community and, in particular, Article 95 thereof,Having regard to the Treaty establishing the European Community and, in particular, Article 54(2), the last sentence of Article 57(2), Articles 66, 73c(2), 87, 99, 100a, 113, 130s(1) and 235, in conjunction with the second sentence of Article 228(2) and the second subparagraph of Article 228(3) thereof,Having regard to the Treaty establishing the European Atomic Energy Community and, in particular, the second paragraph of Article 101 thereof,Having regard to the opinion of the Consultative Committee set up by the Treaty establishing the European Coal and Steel Community,Having regard to the proposal from the Commission,Having regard to the unanimous assent of the Council pursuant to Article 95 of the Treaty establishing the European Coal and Steel Community,Having regard to the assent of the European Parliament (2),Having regard to the approval given by the Council pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,Whereas the European Energy Charter was signed by the European Communities and by their Member States on 17 December 1991;Whereas, on 17 December 1994, the European Communities and their Member States signed the Energy Charter Treaty and the Energy Charter Protocol on energy efficiency and related environmental aspects in order to provide a secure and binding international legal framework for the principles and objectives set out in that Charter;Whereas the European Communities and their Member States have been applying the Energy Charter Treaty provisionally by virtue of Council Decisions 94/998/ EC (3) and 94/1067/Euratom (4) since the date of signature thereof;Whereas the principles and objectives of the Energy Charter Treaty are of fundamental importance to Europe's future, allowing the members of the Commonwealth of Independent States and the countries of Central and Eastern Europe to develop their energy potential, while helping to improve security of supply;Whereas the principles and objectives of the Energy Charter Protocol will help to provide greater protection for the environment, notably by promoting energy efficiency;Whereas it is necessary to consolidate the initiative and the central role of the European Communities, by enabling the latter to participate fully in the implementation of the Energy Charter Treaty and the Energy Charter Protocol;Whereas conclusion of the Energy Charter Treaty and the Energy Charter Protocol will help attain the objectives of the European Communities;Whereas Article 73c(2) of the Treaty establishing the European Community must be used as a legal basis for this Decision, since the Energy Charter Treaty imposes certain obligations on the European Communities regarding the movement of capital and payments between the Communities and third country contracting parties to the Energy Charter Treaty;Whereas the Energy Charter Treaty could affect legislative acts based on Article 235 of the Treaty establishing the European Community; whereas the latter Treaty has provided no powers other than those arising from Article 235 for implementation of the obligations imposed by that Treaty with regard to cooperation in the energy field;Whereas the Energy Charter Treaty and the Energy Charter Protocol must be approved by the European Communities;Whereas, in order to ensure uniform external representation of the European Communities, both in the conclusion procedure and in implementing the commitments entered into by the European Communities and the Member States, appropriate coordination procedures should be established; whereas, to this end, provision should be made for this Decision to be deposited with the Government of the Portuguese Republic at the same time as the instruments of ratification of the Member States; whereas, for the same reason, the position to be adopted by the European Communities and the Member States must be coordinated with regard to the decisions to be taken by the Energy Charter Conference set up by the Energy Charter Treaty in the fields for which they share responsibility;Whereas the Energy Charter Conference has autonomous decision-making powers; whereas, consequently, appropriate procedures must be provided for establishing the European Communities' position within the Energy Charter Conference;Whereas these procedures should be of a simplified nature, in order to allow for an effective participation of the European Communities in the said Conference;Whereas, with regard to decisions of the aforementioned Conference requiring the adoption or modification of Community legislation, the Council and the Commission shall act in accordance with the rules laid down in Article 228(1) and (2) of the Treaty establishing the European Community;Whereas, where the decisions to be taken by the Energy Charter Conference concern areas of mixed competence, the European Communities and the Member States are to cooperate with a view to achieving a common position, in accordance with the jurisprudence of the Court of Justice of the European Communities,HAVE DECIDED AS FOLLOWS:Article 1 The Energy Charter Treaty and the Energy Charter Protocol on energy efficiency and related environmental aspects (hereinafter referred to as the 'Energy Charter Protocol`) are hereby approved on behalf of the European Coal and Steel Community, the European Community and the European Atomic Energy Community.The texts of the Energy Charter Treaty and of the Energy Charter Protocol are attached to this Decision.Article 2 The President of the Council shall, on behalf of the European Community, deposit the instrument of approval of the Energy Charter Treaty and of the Energy Charter Protocol with the Government of the Portuguese Republic, in accordance with Articles 39 and 49 of the Energy Charter Treaty and with Articles 15 and 21 of the Energy Charter Protocol. Under the same conditions, the President of the Commission shall deposit the instruments of approval on behalf of the European Coal and Steel Community and of the European Atomic Energy Community.The President of the Council and the President of the Commission, acting on behalf of the European Community, the European Coal and Steel Community and the European Atomic Energy Community respectively, shall consult with the Member States in order to ensure, as far as possible, the simultaneous deposit of their instruments of approval.Article 3 1. The position which the European Community may be required to take within the Energy Charter Conference, set up by the Energy Charter Treaty, with regard to decisions of that Conference requiring the introduction or modification of Community legislation shall, subject to paragraph 3, be adopted by the Council, acting in accordance with the relevant rules of the Treaty establishing the European Community.The Council shall act by qualified majority. However, the Council shall act by unanimity if the decision to be taken by the said Conference covers a field for which unanimity would be required for the adoption of internal Community rules.2. In other cases, the position to be taken by the European Community shall be adopted by the Council.3. For matters falling within paragraph 1, the Council and the Commission shall fully inform the European Parliament on a regular basis and shall give the European Parliament the opportunity to express its views on the position of the Community to be taken in the Conference referred to in paragraph 1.In the case of decisions of the said Conference pursuant to Article 34(7) of the Energy Charter Treaty, the Council shall consult, or obtain the assent of, the European Parliament before taking its decision, under the conditions laid down in Article 228(3) of the Treaty establishing the European Community.4. The position to be taken in the name of the European Coal and Steel Community shall be adopted by the Commission with the approval of the Council, acting by qualified majority or unanimity according to the subject matter.5. The position to be taken in the name of the European Atomic Energy Community shall be adopted by the Commission with the approval of the Council acting by a qualified majority.Article 4 This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 23 September 1997.For the CouncilThe PresidentH. WIJERSFor the CommissionThe PresidentJ. SANTER(1) The Decision on the conclusion of the Energy Charter Treaty on behalf of the European Community was adopted by the Council on 27 May 1997.(2) OJ C 85, 17.3.1997.(3) OJ L 380, 31.12.1994, p. 1.(4) OJ L 380, 31.12.1994, p. 113.


Avis juridique important

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31994D0728

94/728/EC, Euratom: Council Decision of 31 October 1994 on the system of the European Communities' own resources

Official Journal L 293 , 12/11/1994 P. 0009 - 0013 Finnish special edition: Chapter 1 Volume 3 P. 0192  Swedish special edition: Chapter 1 Volume 3 P. 0192

COUNCIL DECISION of 31 October 1994 on the system of the European Communities' own resources (94/728/EC, Euratom)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 201 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 173 thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the European Parliament (2),Having regard to the opinion of the Economic and Social Committee (3),Whereas Council Decision 88/376/EEC, Euratom of 24 June 1988 on the system of the Communities' own resources (4) expanded and amended the composition of own resources by capping the VAT resources base at 55 % of gross national product ('GNP`) for the year at market prices, with the maximum call-in rate being maintained at 1,4 %, and by introducing an additional resource based on the total GNP of the Member States;Whereas the European Council meeting in Edinburgh on 11 and 12 December 1992 reached certain conclusions;Whereas the Communities must have adequate resources to finance their policies;Whereas, in accordance with these conclusions, the Communities will, by 1999, be assigned a maximum amount of own resources corresponding to 1,27 % of the total of the Member States' GNPs for the year at market prices;Whereas observance of this ceiling requires that the total amount of own resources at the Community's disposal for the period 1995 to 1999 does not in any one year exceed a specified percentage of the sum of the Member States' GNPs for the year in question;Whereas on overall ceiling of 1,335 % of the Member States' GNPs is set for commitment appropriations; whereas an orderly progression of commitment appropriations and payment appropriations should be ensured;Whereas these ceilings should remain applicable until this Decision is amended;Whereas, in order to make allowance for each Member State's ability to contribute to the system of own resources and to correct the regressive aspects of the current system for the least prosperous Member States, in accordance with the Protocol on economic and social cohesion annexed to the Treaty on European Union, the Communities's financing rules should be further amended:- by lowering the ceiling for the uniform rate to be applied to the uniform value added tax base of each Member State from 1,4 to 1,0 % in equal steps between 1995 and 1999,- by limiting at 50 % of GNP from 1995 onwards the value added tax base of the Member States whose per capita GNP in 1991 was less than 90 % of the Community average, i.e. Greece, Spain, Ireland and Portugal, and by reducing the base from 55 to 50 % in equal steps over the period 1995 to 1999 for the other Member States;Whereas the European Council has examined the correction of budgetary imbalances on numerous occasions, particularly at its meeting on 25 and 26 June 1984;Whereas the European Council of 11 and 12 December 1992 confirmed the formula for calculating the correction of budgetary imbalances defined in Decision 88/376/EEC, Euratom;Whereas the budgetary imbalances should be corrected in such a way as not to affect the own resources available for Community policies;Whereas the monetary reserve, hereinafter referred to as 'the EAGGF monetary reserve`, is covered by specific provisions;Whereas the conclusions of the European Council provided for the creation in the budget of two reserves, one for the financing of the Loan Guarantee Fund, and the other for emergency aid in non-member countries; whereas these reserves should be covered by specific provisions;Whereas the Commission will by the end of 1999 submit a report on the operation of the system, which will contain a review of the mechanism for correcting budgetary imbalances granted to the United Kingdom; whereas it will also by the end of 1999 present a report containing the results of a study on the feasibility of creating a new own resource, as well as on arrangements for the possible introduction of a fixed uniform rate applicable to the VAT base;Whereas provisions must be laid down to cover the changeover from the system introduced by Decision 88/376/EEC, Euratom to that arising from this Decision;Whereas the European Council provided that this Decision should take effect on 1 January 1995,HAS LAID DOWN THESE PROVISIONS, WHICH IT RECOMMENDS TO THE MEMBER STATES FOR ADOPTION:Article 1 The Communities shall be allocated resources of their own in accordance with the detailed rules laid down in the following Articles in order to ensure the financing of their budget.The budget of the Coummunities shall, without prejudice to other revenue, be financed wholly from the Communities' own resources.Article 2 1.  Revenue from the following shall constitute own resources entered in the budget of the Communities:(a) levies, premiums, additional or compensatory amounts, additional amounts or factors and other duties established or to be established by the institutions of the Communities in respect of trade with non-member countries within the framework of the common agricultural policy, and also contributions and other duties provided for within the framework of the common organization of the markets in sugar;(b) Common Customs Tariff duties and other duties established or to be established by the institutions of the Communities in respect of trade with non-member countries and customs duties on products coming under the Treaty establishing the European Coal and Steel Community;(c) the application of a uniform rate valid for all Member States to the VAT assessment base which is determined in a uniform manner for Member States according to Community rules. However, the assessment base to be taken into account for the purposes of this Decision shall, from 1995, not exceed 50 % of GNP in the case of Member States whose per capita GNP, in 1991 was less than 90 % of the Community average; for the other Member States the assessment base to be taken into account shall not exceed:- 54 % of their GNP in 1995,- 53 % of their GNP in 1996,- 52 % of their GNP in 1997,- 51 % of their GNP in 1998,- 50 % of their GNP in 1999;The cap of 50 % of their GNP to be introduced for all Member States in 1999 shall remain applicable until such time as this Decision is amended;(d) the application of a rate - to be determined pursuant to the budgetary procedure in the light of the total of all other revenue - to the sum of all the Member States' GNP established in accordance with the Community rules laid down in Directive 89/130/EEC, Euratom (5).2.  Revenue deriving from any new charges introduced within the framework of a common policy, in accordance with the Treaty establishing the European Community or the Treaty establishing the European Atomic Energy Community, provided the procedure laid down in Article 201 of the Treaty establishing the European Community or in Article 173 of the Treaty establishing the European Atomic Energy Community has been followed, shall also constitute own resources entered in the budget of the Communities.3.  Member States shall retain, by way of collection costs, 10 % of the amounts paid under 1 (a) and (b).4.  The uniform rate referred to in paragraph 1 (c) shall correspond to the rate resulting from:(a) the application to the VAT assessment base for the Member States of:- 1,32 % in 1995,- 1,24 % in 1996,- 1,16 % in 1997,- 1,08 % in 1998,- 1,00 % in 1999.The 1,00 % rate in 1999 shall remain applicable until such time as this Decision is amended;(b) the deduction of the gross amount of the reference compensation referred to in Article 4 (2). The gross amount shall be the compensation amount adjusted for the fact that the United Kingdom is not participating in the financing of its own compensation and the Federal Republic of Germany's share is reduced by one-third. It shall be calculated as if the reference compensation amount were financed by Member States according to their VAT assessment bases established in accordance with Article 2 (1) (c).5.  The rate fixed under paragraph 1 (d) shall apply to the GNP of each Member State.6.  If, at the beginning of the financial year, the budget has not been adopted, the previous uniform VAT rate and rate applicable to Member States' GNPs, without prejudice to the provisions adopted in accordance with Article 8 (2) as regards the EAGGF monetary reserve, the reserve for financing the Loan Guarantee Fund and the reserve for emergency aid in third countries, shall remain applicable until the entry into force of the new rates.7.  For the purposes of applying this Decision, GNP shall mean gross national product for the year at market prices.Article 3 1.  The total amount of own resources assigned to the Communities may not exceed 1,27 % of the total GNPs of the Member States for payment appropriations.The total amount of own resources assigned to the Communities may not, for any of the years during the period 1995 to 1999, exceed the following percentages of the total GNPs of the Member States for the year in question:- 1995 : 1,21,- 1996 : 1,22,- 1997 : 1,24,- 1998 : 1,26,- 1999 : 1,27.2.  The commitment appropriations entered in the general budget of the Communities over the period 1995 to 1999 must follow an orderly progression resulting in a total amount which does not exceed 1,335 % of the total GNPs of the Member States in 1999. An orderly ratio between commitment appropriations and payment appropriations shall be maintained to guarantee their compatibility and to enable the ceilings mentioned in paragraph 1 to be obeserved in subsequent years.3.  The overall ceilings referred to in paragraphs 1 and 2 shall remain applicable until such time as this Decision is amended.Article 4 The United Kingdom shall be granted a correction in respect of budgetary imbalances. This correction shall consist of a basic amount and an adjustment. The adjustment shall correct the basic amount to a reference compensation amount.1. The basic amount shall be established by:(a) calculating the difference in the financial year, between:- the percentage share of the United Kingdom in the sum total of the payments referred to in Article 2 (1) (c) and (d) made during the financial year, including adjustments at the uniform rate in respect of earlier financial years, and- the percentage share of the United Kingdom in total allocated expenditure;(b) applying the difference thus obtained to total allocated expenditure;(c) multiplying the result by 0,66.2. The reference compensation shall be the correction resulting from application of (a), (b) and (c) of this paragraph, corrected by the effects arising for the United Kingdom from the changeover to capped VAT and the payments referred to in Article 2 (1) (d).It shall be established by:(a) calculating the difference, in the preceding financial year, between:- the percentage share of the United Kingdom in the sum total of VAT payments which would have been made during that financial year, including adjustments in respect of earlier financial years, for the amounts financed by the resources referred to in Article 2 (1) (c) and (d) if the uniform VAT rate had been applied to non-capped bases, and- the percentage share of the United Kingdom in total allocated expenditure;(b) applying the difference thus obtained to total allocated expenditure;(c) multiplying the result by 0,66;(d) subtracting the payments by the United Kingdom taken into account in the first indent of point 1 (a) from those taken into account in point (a), first indent of this subparagraph;(e) subtracting the amount calculated at (d) from the amount calculated at (c).3. The basic amount shall be adjusted in such a way as to correspond to the reference compensation amount.Article 5 1.  The cost of the correction shall be borne by the other Member States in accordance with the following arrangements.The distribution of the cost shall first be calculated by reference to each Member State's share of the payments referred to in Article 2 (1) (d), the United Kingdom being excluded; it shall then be adjusted in such a way as to restrict the share of the Federal Republic of Germany to two-thirds of the share resulting from this calculation.2.  The correction shall be granted to the United Kingdom by a reduction in its payments resulting from the application of Article 2 (1) (c) and (d). The costs borne by the other Member States shall be added to their payments resulting from the application for each Member State of Article 2 (1) (c) and (d).3.  The Commission shall perform the calculations required for the application of Article 4 and this Article.4.  If, at the beginning of the financial year, the budget has not been adopted, the correction granted to the United Kingdom and the costs borne by the other Member States as entered in the last budget finally adopted shall remain applicable.Article 6 The revenue referred to in Article 2 shall be used without distinction to finance all expenditure entered in the budget. However, the revenue needed to cover in full or in part the EAGGF monetary reserve the reserve for the financing of the Loan Guarantee Fund and the reserve for emergency aid in third countries, entered in the budget shall not be called up from the Member States until the reserves are implemented. Provisions for the operation of those reserves shall be adopted as necessary in accordance with Article 8 (2).The first paragraph shall be without prejudice to the treatment of contributions by certain Member States to supplementary programmes provided for in Article 130l of the Treaty establishing the European Community.Article 7 Any surplus of the Communities' revenue over total actual expenditure during a financial year shall be carried over to the following financial year.Any surpluses generated by a transfer from EAGGF Guarantee Section chapters, or surplus from the Guarantee Fund arising from external measures, transferred to the revenue account in the budget, shall be regarded as constituting own resources.Article 8 1.  The Community own resources referred to in Article 2 (1) (a) and (b) shall be collected by the Member States in accordance with the national provisions imposed by law, regulation or administrative action, which shall, where appropriate, be adapted to meet the requirements of Community rules. The Commission shall examine at regular intervals the national provisions communicated to it by the Member States, transmit to the Member States the adjustments it deems necessary in order to ensure that they comply with Community rules and report to the budget authority. Member States shall make the resources provided for in Article 2 (1) (a) to (d) available to the Commission.2.  Without prejudice to the auditing of the accounts and to checks that they are lawful and regular as laid down in Article 188c of the Treaty establishing the European Community, such auditing and checks being mainly concerned with the reliability and effectiveness of national systems and procedures for determining the base for own resources accruing from VAT and GNP and without prejudice to the inspection arrangements made pursuant to Article 209 (c) of that Treaty, the Council shall, acting unanimously on a proposal from the Commission and after consulting the European Parliament, adopt the provisions necessary to apply this Decision and to make possible the inspection of the collection, the making available to the Commission and payment of the revenue referred to in Articles 2 and 5.Article 9 The mechanism for the graduated refund of own resources accruing from VAT or GNP-based financial contributions introduced for Greece up to 1985 by Article 127 of the 1979 Act of Accession and for Spain and Portugal up to 1991 by Articles 187 and 374 of the 1985 Act of Accession shall apply to the own resources accruing from VAT and the GNP-based resources referred to in Article 2 (1) (c) and (d) of this Decision. It shall also apply to payments by the two last-named Member States in accordance with Article 5 (2) of this Decision. In the latter case the rate of refund shall be that applicable for the year in respect of which the correction is granted.Article 10 The Commission shall submit, by the end of 1999, a report on the operation of system, including a re-examination of the correction of budgetary imbalances granted to the United Kingdom, established by this Decision. It shall also by the end of 1999 submit a report on the findings of a study on the feasibility of creating a new own resource, as well as on arrangements for the possible introduction of a fixed uniform rate applicable to the VAT base.Article 11 1.  Member States shall be notified of this Decision by the Secretary-General of the Council and the Decision shall be published in the Official Journal of the European Communities.Member States shall notify the Secretary-General of the Council without delay of the completion of the procedures for the adoption of this Decision in accordance with their respective constitutional requirements.This Decision shall enter into force on the first day on the month following receipt of the last of the notifications referred to in the second subparagraph. It shall take effect on 1 January 1995.2. (a) Subject to (b), Decision 88/376/EEC, Euratom shall be repealed as of 1 January 1995. Any references to the Council Decision of 21 April 1970 on the replacement of financial contributions from Member States by the Communities own resources (6), to Council Decision 85/257/EEC, Euratom of 7 May 1985 on the Communities' system of own resources (7), or to Decision 88/376/EEC, Euratom shall be construed as references to this Decision.(b) Article 3 of Decision 85/257/EEC, Euratom shall continue to apply to the calculation and adjustment of revenue from the application of rates to the uncapped uniform VAT base for 1987 and earlier years.Articles 2, 4 and 5 of Decision 88/376/EEC, Euratom shall continue to apply to the calculation and adjustment of revenue accruing from the application of a uniform rate valid for all Member States to the VAT base determined in a uniform manner and limited to 55 % of the GNP of each Member State and to the calculation of the correction of budgetary imbalances granted to the United Kingdom for the years 1988 to 1994. When Article 2 (7) of that Decision has to be applied, the value added tax payments shall be replaced by financial contributions in the calculations referred to in this paragraph for any Member State concerned; this system shall also apply to the payment of adjustments of corrections for earlier years.Done at Luxembourg, 31 October 1994.For the CouncilThe PresidentK. KINKEL(1) OJ No C 300, 6. 11. 1993, p. 17.(2) OJ No C 61, 28. 2. 1994, p. 105.(3) OJ No C 52, 19. 2. 1994, p. 1.(4) OJ No L 185, 15. 7. 1988, p. 24.(5) OJ No L 49, 21. 2. 1989, p. 26.(6) OJ No L 94, 28. 4. 1970, p. 19.(7) OJ No L 128, 14. 5. 1985, p. 15. Decision repealed by Decision 88/376/EEC, Euratom.