title: 2013/551/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the European Union general budget for the financial year 2011, Section X — European External Action Service#Resolution of the European Parliament of 17 April 2013 with observations forming an integral part of the Decision on discharge for implementation of the European Union general budget for the financial year 2011, Section X — European External Action Service

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/139

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on discharge in respect of the implementation of the European Union general budget for the financial year 2011, Section X — European External Action Service
   (2013/551/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the European Union general budget for the financial year 2011 (1),

               —

               having regard to the consolidated annual accounts of the European Union for the financial year 2011 (COM(2012) 436 — C7-0235/2012) (2),

               —

               having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2011, together with the institutions’ replies (3),

               —

               having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2011 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

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

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 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 (6), and in particular Articles 164, 165, 166 and 167 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Foreign Affairs (A7-0099/2013),

               1.

               Grants the High Representative of the Union for Foreign Affairs and Security Policy discharge in respect of the implementation of the European External Action Service’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 Council, the Commission, the Court of Justice of the European Union, the Court of Auditors, the European Ombudsman and the European Data Protection Supervisor, 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 L 68, 15.3.2011.

      (2)  OJ C 348, 14.11.2012, p. 1.

      (3)  OJ C 344, 12.11.2012, p. 1.

      (4)  OJ C 348, 14.11.2012, p. 130.

      (5)  OJ L 248, 16.9.2002, p. 1.

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

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 17 April 2013
      with observations forming an integral part of the Decision on discharge for implementation of the European Union general budget for the financial year 2011, Section X — European External Action Service
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the European Union general budget for the financial year 2011 (1),

                  —

                  having regard to the consolidated annual accounts of the European Union for the financial year 2011 (COM(2012) 436 — C7-0235/2012) (2),

                  —

                  having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2011, together with the institutions’ replies (3),

                  —

                  having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2011 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

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

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 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 (6), and in particular Articles 164, 165, 166 and 167 thereof,

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Foreign Affairs (A7-0099/2013),

                  A.

                  whereas the European External Action Services (EEAS) was set up by Article 27(3) of the Treaty on European Union and became operational on 1 January 2011,

                  B.

                  whereas according to Recital 1 of Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (7), the EEAS is a ‘functionally autonomous body of the Union under the authority of the High Representative [of the Union for Foreign Affairs and Security Policy]’ (‘the High Representative’),

                  C.

                  whereas the Commission has legal primacy over the management of operational expenditure; whereas a division of responsibilities between the EEAS and the Service for Foreign Policy Instruments attached to the Commission has been established,

                  D.

                  whereas the EEAS is responsible for the financial management of the administrative expenditure of its headquarters and Union delegations,

                  E.

                  whereas the EEAS budget for 2011 consisted of pro-rata budget transfers from the Commission and the General Secretariat of the Council,

                  1.

                  Notes that on the basis of its audit work, the Court of Auditors concluded that the payments as a whole for the year ended on 31 December 2011 for administrative and other expenditure of the institutions and bodies were free from material error;

                  2.

                  Notes that while 2011 was the first financial year for the EEAS, it is, however, fully responsible for the financial year 2011 and has to ensure strict compliance with the legislation; urges the EEAS to examine what lessons can be learned from the first year of operation;

                  3.

                  Points out that in the 2011 annual report, the Court of Auditors included observations on the EEAS concerning the payment of social allowances and benefits to staff members, the conclusion of contracts with temporary agents, the management of a contract for the provision of security services and procurement procedures; urges the EEAS to take the necessary steps to address those observations;

                  4.

                  Is concerned that the Court of Auditors found that non-compliance with the rules has lead to a limited number of incorrect payments to staff members, legal uncertainty for temporary staff and for the EEAS, failure to respect the Financial Regulation and unrecovered VAT and a breach of the procurement rules which all Union institutions are bound to comply with; points out that the EEAS is fully responsible for its operation and notes that the EEAS has stated it has taken the necessary steps to avoid the recurrence of non-compliance; requests that the EEAS, in the context of the 2012 discharge procedure, informs Parliament of the results;

                  5.

                  Takes note of the replies given to the Court of Auditors’ observations and agrees with its recommendations that steps need to be taken to ensure that staff deliver at appropriate intervals documents confirming their personal situation; notes that EEAS, together with the Office for the Administration and Payment of Individual Entitlements (PMO), is planning to implement a system for the timely monitoring of those documents; in addition the EEAS should further improve the design, coordination and performance of procurement procedures through appropriate checks and better guidance;

                  6.

                  Regrets that according to the Court of Auditors’ observations, the risk of making incorrect or undue payments if the circumstances of staff members have changed still remains in 2012, although the EEAS has introduced a yearly update mechanism; calls on the EEAS to attach information on the implementation of this new mechanism in its 2012 annual activity report;

                  7.

                  Notes that at the end of 2011, the final budget for EEAS headquarters was EUR 188 000 000, with an execution rate of 91 % and was EUR 276 100 000 for the delegations, with a lower execution rate of around 89 %; takes note that the budget of the delegations had to be supplemented by the Commission to a total of EUR 252 400 000, having an execution rate of 85 %; notes also that at the end of 2012, the final execution of 2011 budget showed an execution rate of 97 % for the headquarters and 97 % for the delegations;

                  8.

                  Is concerned that after an amending budget and some transfers from the Commission and within services in 2011, underspending and carrying over of appropriations continues to be quite high; suggests the development of key performance indicators to monitor the most critical areas in order to improve the budget execution over the coming years;

                  9.

                  Recalls that the EEAS is a recently created structure resulting from the consolidation of several different services and that 2011 was its first operational year with numerous technical challenges to be overcome, particularly in procurement and recruitment; notes, furthermore, that the excessive administrative burden resulting from setting up arrangements are not likely to be repeated in subsequent years;

                  10.

                  Highly appreciates the detailed response given to a wide range of written and oral questions made by the members of Parliament’s Committee on Budgetary Control that went far beyond the EEAS’s administrative expenditure;

                  11.

                  Notes the observations on some weaknesses relating to the procurement procedure and tendering and calls on the EEAS to correct them without undue delay;

                  12.

                  Notes the importance of the current discharge in setting the framework for future discharge exercises and believes that it will reinforce the expectations of future developments and improvements in the effectiveness of the EEAS and its operations; calls on the High Representative to provide a review of the organisation and functioning of the EEAS, accompanied, if necessary, by proposals for a revision of Decision 2010/427/EU by mid-2013;

                  13.

                  Believes that the discharge procedure cannot be used to make detailed comparisons of the prevailing conditions in which the EEAS has to operate across 140 locations, which range from those which are peaceful and ordered to others which are effectively war zones; finds that those locations display a wide variety of living environments;

                  14.

                  Acknowledges that the challenges of budget implementation in third countries are very different from those within the Union; asks for a clear allocation and coordination of roles and responsibilities of the Commission and the EEAS as regards programming and implementation of the budget in third countries;

                  15.

                  Notes the intense period of recruitment in the EEAS’s first year of operations to ensure a minimum of delay for it to be at full capacity in staffing terms; notes, furthermore, that there are some particular delegations where posts are harder to fill because of the level of risk in their locations;

                  16.

                  Regrets that the proportion of staff coming from the newer Member States is very low when compared to staff from the EU-15; emphasises the need for a greater gender and, as much as possible, geographical balance in the recruitment and the appointment of staff; urges the EEAS to develop appropriate mechanisms and to take the necessary measures to have a better and more balanced representation in due time; welcomes the fact that the number of vacant posts has been decreasing; urges the EEAS to use the unoccupied posts to enforce the geographical balance at all levels of staff;

                  17.

                  Notes that there are directorates with 22, 27 and 29 staff members and managing directorates with 44 staff members; points out that there is a high number of management positions compared to other institutions and a relative surfeit of high-grade posts, which is seriously disproportionate in comparison with the other institutions; calls on the EEAS to clarify the reason for this and urges the High Representative to reduce this top-heavy administration; takes the view that the explanations the EEAS has provided thus far on this matter are partly legitimate, and calls on the relevant departments to establish, for the medium and long term, a roadmap and appropriate methods with a view to correcting this relative imbalance;

                  18.

                  Reiterates its wish to see, as soon as possible, the establishment of a human resources policy that reflects the political priorities of the Union and the actual requirements on the ground; points out in this connection that a concerted approach with the Commission is vital in order to optimise the profile of delegation staff (8);

                  19.

                  Calls for more transparency as regards the competences of the EEAS’s administrative structure and the reduction of dual competences; requests the publication of the schedule of responsibilities; takes the view that the inefficiency of the current situation risks seriously impairing the reputation of the EEAS;

                  20.

                  Notes with satisfaction the performance and management of 8 800 candidates, 1 300 interviews and 118 vacancies to be filled; regrets, however, that there is no overview on how often a candidate was invited to interview and that thus the process cannot be considered as fully transparent; invites the EEAS to get a better overview on the costs of the interviews;

                  21.

                  Urges the newly appointed EEAS staff to give a declaration on their honour that they have not worked for intelligence services in the past;

                  22.

                  Considers the responsibilities of the Union Special Representatives to be very unclear; asks to receive a discriminated note on how the budget they receive to implement their mandate is used;

                  23.

                  Notes that 39,5 % of Union ambassadors come from Member States; recalls the agreement that one-third of posts should be filled by staff from Member States; urges the High Representative implement the agreement, which means middle and senior posts are to be included in that quota;

                  24.

                  Points out that there is an imbalance in delegations between staff members of the EEAS and the Commission; urges that more EEAS staff be transferred from headquarters to delegations within the limits of the budget;

                  25.

                  Emphasises the difficult situation faced by the delegations with the fewest members of staff as a result of the complex and rigid rules governing the delegation of payment authorisation between EEAS and Commission staff; calls on the EEAS and the Commission to consider how the procedure for authorising funds might be made easier whilst ensuring that financial control rules are complied with;

                  26.

                  Emphasises the importance of ensuring that the operational staff, finance staff, and the monitoring and auditing staff possess the necessary skills to carry out their tasks; demands that the EEAS and the Commission focus their training programmes on the enhancement of those skills and report to Parliament on progress achieved;

                  27.

                  Draws attention to the cost-inflating procedure of the annual salary adjustment method for local staff in Union delegations; believes that that methodology can be made more efficient and cost-effective; asks the EEAS to use calculation methods based on independent and objective selection of reference organisations in the same or similar locations; suggests that a locally operating United Nations’ agency be added as a fixed component and that two Member State embassies and two local employers be included — with, in each case, one to be determined by the employee and one by the employer — in order to obtain an appropriate average; urges that a mechanism be established to relieve the Union ambassador of his responsibility for salary negotiations with local staff and for the reference organisations to be chosen for a period of five years;

                  28.

                  Expresses its concern over the high rate of absence in Union delegations and suggests that the EEAS re-examine the reasons behind such absences; urges the EEAS to correct the imbalances based on the results of the exam and to provide Parliament with figures of absenteeism on an annual basis; suggests the reconsideration of such procedures in the context that the delegation staff combine their periods of professional training in Brussels with their rest leave as much as possible; invites the Commission, when revising Annex X to the Staff Regulations (third countries), to bring leave entitlements and other locally non-working days of staff in delegations into line with other diplomatic representations there;

                  29.

                  Expresses concern about the administrative shortcomings in the Union delegations in Afghanistan, Djibouti, Guyana, Solomon Islands and Zambia; asks for a report on the state of play about those shortcomings including security contracts; expects also a report on the situation about internal control standards in the Union delegations in Liberia and Iraq; asks for a state of play about compliance rates of the Union delegations in Egypt and Malawi and for an update on security contracts in the Union delegations in the West Bank, Haiti, Saudi-Arabia, Pakistan, Sri-Lanka, Libya and Lebanon;

                  30.

                  Asks for clarification as to why a security company under contract with the Union delegation to Afghanistan, subject to OLAF investigation, has recently been awarded a new contract of about EUR 50 million in the same delegation;

                  31.

                  Notes with satisfaction that synergies with the Commission’s Directorate-General for Development and Cooperation — EuropeAid and the national diplomacies are well functioning and invites the EEAS to keep Parliament informed; accepts that there is still work to be done in relation to the consular services; asks that Parliament’s Committee on Foreign Affairs be engaged in that exercise;

                  32.

                  Calls on the EEAS to forward its staff screening report to Parliament;

                  33.

                  Urges the EEAS to maximise the benefits of economies of scale by creating new synergies within the EEAS headquarters and delegations as well as in cooperation with Member States and national diplomatic services, in the spirit of a true Union external policy and services; emphasises the need, in that respect, to seek, as much as possible, the co-location of services in third countries, for the sake of enhanced exchange of information and savings;

                  34.

                  In the context of the forthcoming entry into force of the EU-Central America Association Agreement, emphasises the need for the Union to have a delegation in Panama, an important partner and the only country in the region without such a delegation; calls on the EEAS to take action to this end as soon as possible;

                  35.

                  Insists on an explanation for the recall of the Union ambassador to Libya;

                  36.

                  Requests that the EEAS submit all information on the Service Level Agreements established with the Council and the Commission respectively;

                  37.

                  Welcomes the fact that the revised Financial Regulation obliges the EEAS to provide a working document on its building policy to the Parliament by 1 June each year; stresses that the revised Financial Regulation allows the EEAS to take loans for the acquisition of its offices and residences; urges the EEAS to maintain cost effective operation and to find appropriate financing solutions consulting the Commission’s Directorate-General for Economic and Financial Affairs;

                  38.

                  Is concerned over the increasing rental costs of the EEAS’s offices and residences (i.e. an increase of over 50 % of the Moscow offices of the Union delegation to Russia from year 2010 to 2011); urges the EEAS to maintain cost effective operation and to provide all the necessary information to the discharge authority;

                  39.

                  Believes that the forthcoming review of the EEAS is the forum where a detailed analysis can be made of the compatibility between the resources available and the functions to be carried out by the EEAS and any changes required to ensure the highest level of efficiency in its operations; believes that an evaluation of property in use by the EEAS should involve comparisons with other diplomatic missions in the same location rather than between EEAS facilities in very different countries; believes that, in evaluating the price of property, contracts should be actively monitored in relation to the benefit accruing to the Union and that changes should be made where necessary; considers that, in this evaluation, it should be made clear whether the property is used for purposes other than housing, and stipulated which part of the property is being used and for how long and how; believes also that there should not be any differences between housing which should be similar, without abuses occurring, so that the quality of life as regards housing is similar from one region to another, depending on the availability and cost of the properties; calls for a multiannual plan to be submitted for Union buildings and staff safety and building security in all third countries with Union delegations;

                  40.

                  Calls on the EEAS to identify and consider, in accordance with its political and contractual obligations, every possible option for making major savings in the long term so as to ensure that the variation in its annual budget — the increase in which, for legitimate reasons, is proportionally greater than that of the other institutions’ budgets — can have a multiplier effect;

                  41.

                  Draws attention to the need to guarantee a comprehensive security check for local agents in the delegations;

                  42.

                  Strongly supports the EEAS’s ‘smart savings initiative’; asks the EEAS to provide an implementing report which shows the financial results and how this saved money was reused; requests the Commission to also adopt that initiative;

                  43.

                  Notes the high frequency of travel among Union delegation staff to headquarters with various purposes; regrets that it is not possible to have an independent inspection authority to evaluate the necessity of those official journeys; requests that the High Representative take this into consideration and report to Parliament’s Committee on Budgetary Control on that matter; calls for a study to be drawn up on the subject of frequent travel by Union delegation staff assessing the feasibility of introducing videoconferencing in order to reduce travel costs and the amount of time spent by staff travelling;

                  44.

                  Welcomes the savings already made by using innovative solutions like videoconferencing for job interviews; calls on the EEAS to come up, as much as possible, with similar proposals also for the training of staff;

                  45.

                  Strongly urges the EEAS, in regard to the travel arrangements of its delegations to its headquarters, to adopt practices similar to those applied by Member States in comparable circumstances; insists that, with regard to flights, the EEAS bring itself into line with Member State practices;

                  46.

                  Welcomes the establishment of a working group that examined ways to improve the working methods at its headquarters and the fact that conclusions have already been implemented; asks to be informed of those conclusions and of the performance improvements achieved;

                  47.

                  Takes the view that some of the indicators analysed in the self-assessment of internal control standards would need to be revised or updated;

                  48.

                  Considers that the statistics in the annual activity report, especially in relation to data on delegations, are not sufficiently accurate; calls on the EEAS to improve its performance by establishing key performance indicators that will give some continuity to the evaluation of the performance of the delegations; calls on the High Representative to report to the Committee on Budgetary Control in this connection;

                  49.

                  Welcomes that the EEAS committed itself to full cooperation with the European Anti-Fraud Office (OLAF) and is finalising a specific Memorandum of Understanding with the OLAF to elevate their cooperation to a higher level;

                  50.

                  Is of the opinion that improvements need to be made on the quality of the financial and administrative management of the Union delegations and in certain headquarters’ divisions that were not identified in the annual activity report; expects that next year’s report will identify those divisions and report on progresses made;

                  51.

                  Calls on the EEAS to submit comprehensive details on how its internal control and supervision mechanism works as regards the management of funds and expenditure; also calls on the EEAS to explain its policy on Parliament’s access to internal inspection reports;

                  52.

                  Points out that a number of EEAS delegations operate in a high risk environment in terms of corruption and fraud; believes that it is pivotal to the protection of the Union’s financial interests that EEAS staff receives the appropriate training and awareness building in order to detect any misconduct; believes that a comprehensive whistleblower policy is essential to the protection of the Union’s financial interests;

                  53.

                  Considers that budget support systems for third country governments are not properly audited and calls for a better scrutiny of the financial operations at an earlier stage; insists that an independent national audit body must be an ultimate condition for granting budget support;

                  54.

                  Reminds the EEAS of the responsibility to deliver concrete results and emphasises the reciprocity between deliverables and the overall budget.

         (1)  OJ L 68, 15.3.2011.

         (2)  OJ C 348, 14.11.2012, p. 1.

         (3)  OJ C 344, 12.11.2012, p. 1.

         (4)  OJ C 348, 14.11.2012, p. 130.

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

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

         (7)  OJ L 201, 3.8.2010, p. 30.

         (8)  See also the recommendations set out in Court of Auditors Special Report No 18/2012, ‘European Union assistance to Kosovo related to the rule of law’.


title: Decision of the Representatives of the Governments of the Member States of the European Coal and Steel Community, meeting in Council of 18 December 1973 opening, allocating and providing for the administration of tariff quotas for certain steel products originating in developing countries

text:
No L 358/ 186                       Official Journal of the European Communities                            28 . 12 . 73
                                                           II
                                       (Acts whose publication is not obligatory)
                                                 COUNCIL
                                                       DECISION
             of the representatives of the Governments of the Member States of the European Coal
                                      and Steel Community, meeting in Council
                                                 of 18 December 1973
             opening, allocating and providing for the administration of tariff quotas for certain
                                  steel products originating in developing countries
                                                     (73/443/ECSC)
THE REPRESENTATIVES OF THE GOVERNMENTS                         of Council Regulation (EEC) No 802/68 (*) of 27
OF THE MEMBER STATES              OF THE EUROPEAN              June 1968 on the common definition of the concept
COAL AND STEEL COMMUNITY, MEETING IN                           of the origin of goods.
COUNCIL ,
                                                               3 . The amount to be charged in respect of each
In agreement with the Commission,                              country or territory referred to in paragraph 2
                                                               against each of the tariff quota amounts indicated
                                                               in column 5 of Annex A shall be limited to the
                                                               maximum amount given as a percentage in column
HAVE DECIDED AS FOLLOWS :                                      4 of Annex A against each category of products.
                        Article 1                              4. Any amendment to Annex B, in particular by the
                                                               addition of new countries or territories enjoying tariff
1 . From 1 January to 31 December 1974 the duties              preferences, may entail a corresponding adjustment
applicable in all customs areas of the Community               to the maximum amounts expressed as percentages
to the products listed in Annex A shall be com                laid down in colum 4 of Annex A and to the tariff
pletely suspended within the framework of Com                 ceilings and quotas laid down respectively in column
munity tariff ceilings of amounts which shall be ex           3 and 5 of Annex A.
pressed in units of account and which shall be indi
cated against each product in Column 3 of that
Annex.                                                                                Article 2
2. These tariff ceilings shall be enjoyed solely by             1 . The Member States shall administer their tariff
products originating in the countries and territories          quotas in accordance with their own provisions in
listed in Annex B. However, those imports which                this respect.
already enjoy exemption from customs duties under
other preferential tariff arrangements granted by the          2. The extent to which a Member State used up its
nine Member States of the Community may not be                 share shall be determined on the basis of imports of
charged against these tariff quotas. For the purposes          the said goods which have been entered for home
of the application of this Decision, the concept of
originating products shall be determined in accord
ance with the procedure laid down in Article 14                 0 OJ No L 148 , 28 . 6. 1968 , p. 1 .
 ---pagebreak--- 28 . 12. 73                       Official Journal of the European Communities                        No L 358 / 187
use, on the basis of the customs value of the said                                  Article 4
goods, and which are accompanied by a certificate
of origin in accordance with the rules referred to           Member States shall inform the Commission             at
in Article 1 (2).                                            regular intervals of imports of the products in
                                                             question actually charged against their quotas.
3 . Goods may be imported under the tariff quota
only if the certificate of origin mentioned in para
graph 2 is presented before the date on which cus                                  Article S
toms duties are reintroduced.
                                                             Member States, in close cooperation with the Com
                       Article 3                             mission, shall take all necessary measures to ensure
                                                             that the above provisions are applied.
Each Member State shall reintroduce the levying of
duties which have been suspended in respect of a
                                                                                Article 6
country or territory mentioned in Annex B as soon
as it records that the charges against its national
quota of the products concerned originating in such          The Member States shall take all measures necessary
country or territory have reached the maximum                for the implementation of this Decision.
 amount aid down in column 4 of Annex A.
 Such reintroduction shall be notified immediately to
 the Commission, which shall inform the other Mem
                                                              Done at Brussels, 18 December 1973 .
 ber States forthwith. At the request of a Member
 State or of the Commission, the possible conse
 quences of such a situation (with regard to the aggre                                           The President
 gate appearing in column 3 of Annex A) shall be
 jointly examined immediately.                                                                   I. N0RGAARD
 ---pagebreak--- No L 358 / 188                         Official Journal! of the European Communities                                     28 . 12 . 73
                                                           ANNEX A
               List of products subject to zero-duty tariff ceilings under the generalized tariff preferences
                                          granted to developing countries and territories
                                                                                Maximum
                                                                                amount
     CCT                                                                    Aggregate                  Volume of shares allocated to
                                                                           of column 5  per country
   heading                              Description                                          and          Member States in u.a .
      No                                                                      in u.a .
                                                                                territory
                                                                                (% )
      (1)                                    2                                  (3 )          (4)                   5)
   73.08            Iron or steel coils for re-rolling                     11 150 000         50    Germany                3 066   250
                                                                                Benelux                1 170   750
                                                                                France                 2 118   500
                                                                                Italy                  1 672   000
                                                                                Denmark                  557   500
                                                                                Ireland                  111   500
                                                                                United
                                                                                Kingdom                2 453 000
   73.10            Bars and rods (including wire rod), of                  6 581 000        50     Germany                1 809   775
                    iron or steel, hot-rolled, forged, extruded,                                    Benelux                  691   005
                    cold-formed or cold-finished (including                                         France                 1 250   390
                    precision-made) ; hollow mining drill                                           Italy                    987   150
                    steel :                                                                         Denmark                  329   050
                                                                                Ireland                    65  810
                    A. Not further worked than hot-rolled                                           United
                         or extruded                                                                Kingdom                1 447 820
                    D. Clad or surface-worked (for example,
                         polished, coated):
                         I. Not further worked than clad :
                             a) Hot-rolled or extruded
    73.11            Angles, shapes and sections, of iron or                3 270 000         50    Germany                  899   250
                     steel, hot-rolled, forged, extruded, cold                                     Benelux                  343   350
                    formed, or cold-finished ; sheet piling of                                      France                   621   300
                    iron or steel whether or not drilled,                                           Italy                    490   500
                    punched or made from assembled                                                  Denmark                  163   500
                    elements :                                                                      Ireland                    32  700
                                                                                United
                    A. Angles, shapes and sections :                                                Kingdom                  719 400
                            I. Not further worked than hot
                               rolled extruded
                         IV. Clad or surface-worked (for
                               example, polished, coated) :
                               a) Not      further  worked    than
                                   clad :
                                   1 . Hot-rolled or extruded
                     B. Sheet piling
 ---pagebreak--- 28 . 12. 73                      Official Journal of the European Communities                           No L 358/ 189
                                                                              Maximum
                                                                               amount
       CCT                                                        Aggregate
                                                                             per country    Volume of shares allocated to
     heading                     Description                      of colum 5
                                                                                and          Member States in u.a.
       No                                                           in u.a .
                                                                               territory
                                                                                %
        (D                           (2)                              (3 )         (4)                  (5 )
      73.13  Sheets and plates , of iron or steel , hot         18 967 000       30     Germany                5 215 925
             rolled or cold-rolled :                                                     Benelux                1 991 535
                                                                                France                 3 603 730
             A. 'Electrical' sheets and plates :                                         Italy                  2 845 050
                                                                                Denmark                  948 350
             B. Other sheets and plates :                                                Ireland                  189 670
                   I. Not further worked than hot                                       United
                       rolled                                                            Kingdom                4 172 740
                  II . Not further worked than cold
                       rolled, of a thickness of :
                       b) More than 1 mm but less
                           than 3 mm
                       c) 1 mm or less
                 III . Not further worked than bur
                       nished, polished or glazed
                 IV. Clad, coated or otherwise surface
                       treated :
                       b) Tinned
                       c) Zinc-coated or lead-coated
                       d) Other (for example, copper
                           plated artificially oxidized
                           lacquered, nickel-plated, var
                           nished, clad parkerized,
                           printed)
                  V. Otherwise shaped or worked :
                       a) Cut into shapes other than
                           rectangular shapes, but not
                           further worked :
                           2 . Other
 ---pagebreak--- No L 358/ 190                       Official Journal of the European Communities                              28 . 12 . 73
                                                        ANNEX B
                   List of developing countries and territories enjoying generalized tariff preferences
                                             INDEPENDENT COUNTRIES
Afghanistan                               India                                     Saudi Arabia
Algeria                                   Indonesia                                 Senegal
Argentina                                 Iran                                      Sierra Leone
Bahamas                                   Iraq                                      Singapore
Bahrain                                   Ivory Coast                               Somalia
Bangladesh                                Jamaica                                   Sri Lanka
Barbados                                  Jordan                                    Sudan
Bhutan                                    Kenya                                     Swaziland
Bolivia                                   Khmer Republic                            Syria
Botswana                                  Korea (South)                             Tanzania
Brazil                                    Kuwait                                    Thailand
Burma                                     Laos
                                                                                Togo
Burundi                                   Lebanon
                                                                                Tonga
Cameroon                                  Lesotho
                                                                                Trinidad and Tobago
Central African Republic                  Liberia                                   Tunisia
Chad                                      Libya                                     Uganda
Chile                                     Malagasy Republic                         United Arab Emirates :
Colombia                                  Malawi                                         Abu Dhabi
Congo, People's Republic of               Malaysia                                       Dubai
Costa Rica                                Maldive Islands                                Ras al Khaimah
Cuba                                      Mali
                                                                                Fujairah
Cyprus                                    Mauritania
                                                                                Ajman
Dahomey                                   Mauritius
                                                                                Sharjah
Dominican Republic                        Mexico
                                                                                Ummal Qaiwain
Ecuador                                   Morocco
                                                                                Upper Volta
Egypt, Arab Republic of                   Nauru
                                                                                Uruguay
El Salvador                               Nepal                                     Venezuela
Equatorial Guinea                         Nicaragua                                 Vietnam, Republic of
Ethiopia                                  Niger                                     Western Samoa
Fiji                                      Nigeria                                   Yemen, People's Democratic
Gabon                                     Oman                                      Republic of
Gambia                                    Pakistan
                                                                                Yemen Arab Republic
Ghana                                     Panama
                                                                                Yugoslavia
Guatemala                                 Paraguay                                  Zaire
Guinea                                    Peru                                      Zambia
Guyana                                    Philippines
Haiti                                     Qatar
Honduras                                  Rwanda
 ---pagebreak--- 28 . 12. 73                              Official Journal of the European Communities                                             No L 358 / 191
                                                  COUNTRIES AND TERRITORIES
            dependent or administered, or for whose external relations Member States of the Community
                                        or third countries are wholly or partly responsible
            Afars and Issas (Territory of the)
            Angola (including Cabinda)
            Australian Antarctic Territory
            Belize
            Bermuda
            British Antarctic Territory
            British Indian Ocean Territory (Aldabra, Farquhar, Chagos Archipelago, Des Roches)
            British Pacific Ocean (x)
            Brunei
            Cape Verde Islands
            Cayman Islands and Dependencies
            Christmas Island
            Cocos (Keeling) Islands
            Comoro Archipelago
            Corn Islands and Swan Islands
            Falkland Islands and Dependencies
            French Polynesia
            French Southern and Antarctic Territories
            Gibraltar                       <
            Heard Island and MacDonald Islands
            Hong Kong
            Leeward Islands (2)
            Macao
            Mozambique
            Netherlands Antilles
            New Caledonia and Dependencies
            Norfolk Islands
            Pacific Islands administered by the United States of America or under United States trusteeship (3)
            Papua-New Guinea
            Portuguese Guinea
            Portuguese Timor
            St Helena (including Ascension, Gough Island, and Tristan da Cunha)
            Saint Pierre and Miquelon
            Sâo Tome and Principe
            Seychelles (including Amirantes)
            Sikkim
            Spanish territories in Africa
             Surinam
            Territories for which New Zealand is responsible (Cook Islands, Niuwe Island, Tokelau Islands
                  and Ross Dependency)
            Turks and Caocos Islands
             Virgin Islands of the United States (St Croix, St Thomas, St John, etc.)
             Wallis and Futuna Islands
             Windward Islands (4)
             Note : The above lists may be amended subsequently to take account of changes in the inter
                        national status of countries or territories.
             P) Gilbert and Ellice Islands, British Solomon Islands, New Hebrides Condominium, and Pitcairn Islands.
             (2) Antigua, Montserrat, St Kitts-Nevis-Anguilla, British Virgin Islands.
             (3) The Pacific Islands administered by the United States of America include : Guam, American Samoa (including Swain's
                 Island), Midway Islands, Johnston and Sand Islands, Wake Island and the Trust Territory of the Pacific Islands (the
                 Caroline, Marianas and Marshall Islands).
             (4) Dominica, Grenada, St Lucia, St Vincent,


title: 2005/653/CFSP: Political and Security Committee Decision Darfur/1/2005 of 29 July 2005 appointing a Military Adviser to the European Union Special Representative for Sudan

text:
               17.9.2005

               EN

               Official Journal of the European Union

               L 241/57

      POLITICAL AND SECURITY COMMITTEE DECISION DARFUR/1/2005
   of 29 July 2005
   appointing a Military Adviser to the European Union Special Representative for Sudan
   (2005/653/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 25 thereof,
   Having regard to Council Joint Action 2005/557/CFSP of 18 July 2005 on the European Union civilian-military supporting action to the African Union mission in the Darfur region of Sudan (1), and in particular Article 4 thereof,
   Whereas:

               (1)

               On 18 July 2005 the Council adopted Joint Action 2005/556/CFSP appointing a Special Representative of the European Union (EUSR) for Sudan (2).

               (2)

               The EUSR ensures the coordination and coherence of the EU contributions to AMIS. Under the authority of the EUSR an EU Coordination Cell in Addis Ababa (ACC), which comprises a Political Adviser, a Military Adviser and a Police Adviser, manages day-to-day coordination with all relevant EU actors and with the Administrative Control and Management Centre (ACMC) within the chain of command of the African Union in Addis Ababa in order to ensure coherence and timely EU support to AMIS II.

               (3)

               The Military Adviser to the EUSR helps to ensure the coherence of the military component of the EU supporting action in Addis Ababa and is responsible for managing day-to-day coordination of the military component of the EU supporting action with the ACMC.

               (4)

               The Secretary General/High Representative, following the recommendation of the EUSR, has proposed that Colonel Philippe Mendez should be appointed as Military Adviser to the EUSR.

               (5)

               Pursuant to Article 4 of Joint Action 2005/557/CFSP the Council has authorised the Political and Security Committee to appoint the Military Adviser to the EUSR.

               (6)

               In conformity with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Colonel Philippe MENDEZ is hereby appointed Military Adviser to the EUSR for Sudan.
   Article 2
   This Decision shall take effect on the date of its adoption.

      Done at Brussels, 29 July 2005.

            For the Political and Security Committee

            The Chairperson

         J. KING

      (1)  OJ L 188, 20.7.2005, p. 46.

      (2)  OJ L 188, 20.7.2005, p. 43.


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31981D0596

81/596/EEC: Council Decision of 27 July 1981 amending, as a result of Greek accession, Decision 78/902/EEC adopting joint research programmes and programmes for coordinating agricultural research

Official Journal L 219 , 05/08/1981 P. 0016 - 0016

****( 1 ) OJ NO C 144 , 15 . 6 . 1981 , P . 32 .  ( 2 ) OJ NO L 316 , 10 . 11 . 1978 , P . 37 .    COUNCIL DECISION   OF 27 JULY 1981   AMENDING , AS A RESULT OF GREEK ACCESSION , DECISION 78/902/EEC ADOPTING JOINT RESEARCH PROGRAMMES AND PROGRAMMES FOR COORDINATING AGRICULTURAL RESEARCH  ( 81/596/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF ,   HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT  ( 1 ),   WHEREAS COUNCIL DECISION 78/902/EEC OF 30 OCTOBER 1978 ADOPTING JOINT RESEARCH PROGRAMMES AND PROGRAMMES FOR COORDINATING AGRICULTURAL RESEARCH ( 2 ) LAYS DOWN THE LEVEL OF THE COMMUNITY ' S FINANCIAL CONTRIBUTION TO THE IMPLEMENTATION OF THE SAID PROGRAMMES ; WHEREAS THIS AMOUNT SHOULD BE ADJUSTED ON ACCOUNT OF GREEK ACCESSION ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE AMOUNT OF 18 602 000 ECU SPECIFIED IN ARTICLE 1 OF DECISION 78/902/EEC SHALL BE REPLACED BY 19 702 000 ECU .   ARTICLE 2   THIS DECISION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   IT SHALL APPLY AS FROM 1 JANUARY 1981 .   DONE AT BRUSSELS , 27 JULY 1981 .   FOR THE COUNCIL   THE PRESIDENT   P . WALKER


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31994D0754

94/754/EC: Council Decision of 14 November 1994 appointing two members and one alternate member of the Committee of the Regions

Official Journal L 299 , 22/11/1994 P. 0031 - 0031 Finnish special edition: Chapter 1 Volume 3 P. 0206  Swedish special edition: Chapter 1 Volume 3 P. 0206

COUNCIL DECISION of 14 November 1994 appointing two members and one alternate member of the Committee of the Regions (94/754/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,  Having regard to the Council Decision of 26 January 1994 appointing members and alternate members of the Commitee of the Regions for the period 26 January 1994 to 25 January 1998 (1),  Whereas two members' seats have become vacant on the Committee of the Regions following the resignations of Mr S. Patijn and Mr J.M. Linthorst, which were notified to the Council on 4 and 25 October 1994;  Whereas an alternate member's seat has become vacant on the Committee following the resignation of Mr J. Terlouw, which was notified to the Council on 27 October 1994;  Having regard to the proposal from the Netherlands Government,  HAS DECIDED AS FOLLOWS:   Sole Article  Mr J. Terlouw is hereby appointed a member of the Comittee of the Regions in place of Mr S. Patijn for the remainder of the latter's term of office, which runs until 25 January 1998.  Mr A. Peper is hereby appointed a member of the Committee of the Regions in place of Mr J.M. Linthorst for the remainder of the latter's term of office, which runs until 25 January 1998.  Mr G. Brouwer is hereby appointed an alternate member of the Committee of the Regions in place of Mr J. Terlouw for the remainder of the latter's term of office, which runs until 25 January 1998.  Done at Brussels, 14 November 1994.  For the Council The President J. BORCHERT  (1) OJ No L 31, 4. 2. 1994, p. 29.


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31993D0735

93/735/EC: Council Decision of 13 December 1993 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Economic Community and the Republic of Finland concerning certain arrangements in the field of agriculture

Official Journal L 346 , 31/12/1993 P. 0015 - 0015

COUNCIL DECISION of 13 December 1993 on the conclusion of an Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Finland concerning certain arrangements in the field of agriculture  (93/735/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 (3), first subparagraph thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas in the framework of the negotiations on the European Economic Area (EEA) it has been possible to negotiate an Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Finland concerning certain  arrangements in the field of agriculture;  Whereas this Agreement is part of the overall balance of the results of the EEA negotiations and an essential element for the approval by the Community of the EEA Agreement;  Whereas this Agreement should be approved,  HAS DECIDED AS FOLLOWS:   Article 1  The Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Finland concerning certain arrangements in the field of agriculture is hereby approved on behalf of the Community.  The text of the Agreement is attached to Council Decision 93/239/EEC of 15 March 1993 concerning the conclusion of the Agreements in the form of exchanges of letters between the European Economic Community, of the one part, and the Republic of Austria,  the Republic of Finland, the Republic of Iceland, the Kingdom of Norway and the Kingdom of Sweden, of the other part, on the provisional application of the Agreements on certain arrangements in the field of agriculture, signed by the said Parties in  Oporto on 2 May 1992 (2).   Article 2  The President of the Council shall give the notification of the approval of the Agreement by the Community (3).  Done at Brussels, 13 December 1993.  For the Council The President Ph. MAYSTADT  (1) OJ No C 305, 23. 11. 1992, p. 60.(2) OJ No L 109, 1. 5. 1993, p. 1.(3) See page 35 of this Official Journal.


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31987D0087

87/87/EEC: Commission Decision of 7 January 1987 on the setting-up of an Advisory Committee on Oils and Fats

Official Journal L 045 , 14/02/1987 P. 0050 - 0052 Finnish special edition: Chapter 3 Volume 22 P. 0186  Swedish special edition: Chapter 3 Volume 22 P. 0186

COMMISSION DECISION of 7 January 1987 on the setting-up of an Advisory Committee on Oils and Fats (87/87/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas the Advisory Committee on Oils and Fats was set up by Commission Decision 67/388/EEC (1), replaced by Commission Decision 73/421/EEC (2), as last amended by Decision 83/77/EEC (3);  Whereas following the accession of new Member States to the Community, the number of seats on the Committee should be increased and they should be reallocated; whereas the procedure for the replacement of members should also be adjusted;  Whereas the provisions concerning the Advisory Committee on Oils and Fats have been amended several times and have therefore become difficult to apply; whereas they should therefore be consolidated;  Whereas the Commission should seek the views of producers, traders and consumers on matters arising in connection with the operation of the common organization of the market in oils and fats;  Whereas all the occupations directly involved in the implementation of the market organization in question, and also consumers, must have an opportunity to participate in the drafting of the opinions requested by the Commission;  Whereas the trade associations concerned and the consumer groups in the Member States have set up organizations at Community level which are in a position to represent those concerned in all the Member States,  HAS DECIDED AS FOLLOWS:    Article 1 1.  There shall be attached to the Commission an Advisory Committee on Oils and Fats, hereinafter called the 'Committee'.  2.  The Committee shall be composed of representatives of the following interests: agricultural producers, cooperatives, the oil-seed processing and vegetable-oil using industries, traders in olive oil and oil seeds, agricultural (4) OJ No 119, 20. 6. 1967, p. 2343/67.  (5) OJ No L 355, 24. 12. 1973, p. 40.  (6) OJ No L 51, 24. 2. 1983, p. 34.  workers and workers in the food and feed manufacturing industries and consumers.  3.  The Committee shall consist of two separate Sections, composed of members of the Committee:  - the Olive and Olive Products Section,  - the Oil Seed and Oil Seed Products Section.  Article 2 1.  The Committee or either of its separate Sections may be consulted by the Commission on any problem concerning the operation of Regulations on the common organization of the market in oils and fats, and in particular on measures to be  adopted by the Commission under those Regulations.  2.  The chairman of the Committee may indicate to the Commission the desirability of consulting the Committee or the separate Sections on any matter within the latter's competence on which its opinion has not been sought. He shall do so, in particular,  at the request of one of the interests represented.  Article 3 1.  The Committee shall consist of 68 members.  2.  Seats on the Committee shall be apportioned as follows:  (a)  Olive and Olive Products Section:  - 12 to agricultural producers and cooperatives in the sector,  - four to representatives of the olive-oil producing industries,  - three to representatives of the olive-oil trade,  - three to representatives of agricultural workers and of workers in the olive-oil industry,  - two to consumers' representatives;  (b)  Oil Seed and Oil Seed Products Section:  - 22 to agricultural producers and cooperatives in the sector,  - 10 to representatives of the oil-seed processing and vegetable-oil using industries, of whom:  - six shall represent industries producing oils other than olive oil,  - one shall represent the margarine industry,  - one shall represent industries using edible oils,  - one shall represent industries using oils for industrial purposes,  - one shall represent industries using oil cake,  - three to representatives of the oil-seed trade.  - three to representatives of agricultural workers and of workers in the food and feed manufacturing industries,  - six to consumers' representatives.  Article 4 1.  Members of the Committee shall be appointed by the Commission on proposals from the trade workers' organizations set up at Community level which are most representative of the interests specified in Article 1 (2) and whose activities come  within the scope of the common organization of the market in oils and fats; consumers' representatives shall be appointed on proposals from the Consumers' Advisory Committee.  Those bodies shall for each seat to be filled put forward the names of two candidates of different nationality.  2.  The term of office for members of the Committee shall be three years. Their appointments may be renewed. Members shall not be remunerated for their services.  After expiry of the three years members of the Committee shall remain in office until their appointments are renewed.  In the event of the resignation or decease of a member or a request from the body having proposed a member that he be replaced, he shall be replaced in accordance with the procedure laid down in paragraph 1.  3.  A list of the members of the Committee shall be published by the Commission, for information purposes, in the Official Journal of the European Communities.  Article 5 After consulting the Commission, each Section shall elect a chairman and a vice-chairman for a period of three years.  The vice-chairman may not represent the same interest as the chairman.  Election shall be, in the case of the first ballot, by a two-thirds majority of the members present and, in the case of subsequent ballots, by a simple majority of the members present. In the event of a tie, the Commission shall provide a chairman on a temporary basis.  The chairmen of the two Sections shall alternately chair the Committee for half of its term of office.  The Committee or Section may, in accordance with the same procedure, elect other officers. In that case, the officers other than the chairman shall include not more than one representative of each interest represented on the Committee or Section.  The officers shall prepare and organize the work of the Committee or Sections.  Article 6 1.  Only the Commission representatives, the members of the Committee or Sections, or persons replacing them in their absence, and persons invited in accordance with paragraphs 3 and 4 may participate in or attend meetings.  2.  Should a member be unable to attend a meeting, the organization or organizations to which a seat is allocated may appoint a person to take his place. This person shall be selected from a list drawn up by mutual agreement between the Commission and  the organization or organizations in question and containing a number of names equal to half the total numbers of members representing the organization or organizations in question.  This number shall be not less than one and not more than 12.  The secretariat of the Committee must be informed of such replacement of a member at least seven days before a meeting.  3.  At the request of an organization to which one or more seats are allocated, the chairman may, in agreement with the Commission staff, invite its general secretary or a member of its secretariat to attend the meetings of the Committee or Sections as  an observer.  Should he be unable to attend, however, the general secretary may have his seat as an observer taken by another person designated by him.  Observers shall not have the right so speak. They may, however, be invited to do so by the chairman in agreement with the Commission staff.  4.  At the request of an organization to which one or more seats are allocated, and when the matters on the agenda are of a highly technical nature outside the normal framework of the deliberations of the Committee or Section, the chairman may, in  agreement with the Commission staff, invite one or more experts to take part in the deliberations of the Committee or Section.  The Commission may, on its own initiative, invite any person particularly well qualified in one of the subjects on the agenda to take part in the deliberations of the Committee or Sections as an expert.  However, experts shall participate only in the discussion of the matter concerning which they were invited to attend.  Article 7 In agreement with the Commission staff, the Committee or Sections may set up working groups to facilitate their work.  Article 8 1.  The Committee and its Sections shall be convened by the Commission and shall meet at Commission headquarters. Meetings of the officers shall be convened by the chairman by arrangement with the Commission.  2.  Representatives of the Commission departments concerned shall take part in meetings of the Committee, its Sections, its officers and the working groups.  3.  Secretarial services for the Committee, its Sections, its officers and the working groups shall be provided by the Commission.  Article 9 The Committee and the Sections 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 Committee or of either of its Sections, set a time limit within which such opinion shall be given.  The views expressed by the various interests represented shall be included in a report forwarded to the Commission.  In the event of unanimous agreement being reached in the Committee or in the Section concerned on the opinion to be given, the Committee or the Section, as the case may be, shall formulate joint conclusions and attach them to the report.  The outcome of discussions in the Committee or the Sections shall on request be communicated by the Commission to the Council and to the Management Committees.  Article 10 Without prejudice to the provisions of Article 214 of the Treaty, where the Commission informs them that the opinion requested or the question raised is on a matter of a confidential nature, members of the Committee shall be under an  obligation not to disclose information which has come to their knowledge through the work of the Committee or its Sections or of the working groups.  In such cases, only Committee members and representatives of the Commission departments concerned may be present at meetings.  Article 11 Commission Decision 73/421/EEC is hereby repealed.  Article 12 This Decision shall enter into force on 1 January 1987.   Done at Brussels, 7 January 1987.  For the Commission Frans ANDRIESSEN Vice-President EWG:L111UMBE17.95 FF: 1UEN;   SETUP: 01;   Hoehe: 1367 mm;   230 Zeilen;   10474 Zeichen;  Bediener: MIKE   Pr.: C;  Kunde: ................................


title: Council Decision of 17 February 2017 appointing an alternate member of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for Portugal

text:
               21.2.2017

               EN

               Official Journal of the European Union

               C 54/4

         COUNCIL DECISION
   of 17 February 2017
   appointing an alternate member of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for Portugal
   (2017/C 54/04)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (1), and in particular Article 6 thereof,
   Having regard to the lists of nominations for appointment submitted to the Council by the Governments of the Member States and by the employees' and employers' organisations,
   Whereas:

               (1)

               By its Decisions of 28 November 2016 (2) and 23 January 2017 (3), the Council appointed the members and alternate members of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for the period from 1 December 2016 to 30 November 2019.

               (2)

               The employees' organisation ETUC has submitted one nomination for a post to be filled,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is appointed alternate member of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for Portugal for the period ending on 30 November 2019:
   I.   REPRESENTATIVES OF EMPLOYEES' ORGANISATIONS

               Country

               Member

               Alternate member

               Portugal

               Mr Augusto COELHO PRAÇA

         Article 2
   The Council shall appoint the members and alternate members not yet nominated at a later date.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 17 February 2017.

            For the Council

            The President

         E. BARTOLO

      (1)  OJ L 139, 30.5.1975, p. 1.

      (2)  Council Decision of 28 November 2016 appointing the members and alternate members of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions (OJ C 447, 1.12.2016, p. 2).

      (3)  Council Decision of 23 January 2017 appointing members and alternate members of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for Bulgaria, Italy, Lithuania, Luxembourg, Malta, Austria and Slovakia (OJ C 27, 27.1.2017, p. 8).


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31985D0516

85/516/EEC: Commission Decision of 18 November 1985 setting up a Joint Committee on Road Transport

Official Journal L 317 , 28/11/1985 P. 0033 - 0035 Finnish special edition: Chapter 7 Volume 3 P. 0110  Spanish special edition: Chapter 07 Volume 4 P. 0012  Swedish special edition: Chapter 7 Volume 3 P. 0110  Portuguese special edition Chapter 07 Volume 4 P. 0012

*****COMMISSION  DECISION  of 18 November 1985  setting up a Joint Committee on Road Transport  (85/516/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas the Heads of State or of Government stated in their declaration of 21 October 1972 that the first aim of economic expansion should be to enable disparities in living conditions to be reduced and that this aim should express itself in better quality of life and higher standard of living;  Whereas, in this connection, they considered it indispensable that both employers and employees should be increasingly involved in the economic and social decisions of the Community;  Whereas, amongst the priority actions contained in the Community's 'Social Action Programme' the Commission has recommended that dialogue and cooperation between employers and employees be promoted at Community level; whereas the Council in its resolution of 21 January 1974 concerning a social action programme (1) named increased involvement of management and labour in the economic and social decisions of the Community as one of the priority measures to be taken;  Whereas the European Parliament in its resolution of 13 June 1972 (2) stated that the participation of employers and employees in the formulation of a Community social policy should be achieved during the first stage of economic and monetary union;  Whereas the Economic and Social Committee in its opinion of 24 November 1971 expressed a similar view;  Whereas the Council stressed in its conclusions of 22 June 1984 concerning a Community medium-term social action programme, that the European social dialogue must be strengthened and its procedures adapted in order to involve the social partners more effectively in the economic and social decisions of the Community (3);  Whereas the situation in the various Member States clearly demonstrates the need for the two sides of the road transport industry to participate actively in the improvement and harmonization of living and working conditions in road transport; whereas a joint committee attached to the Commission is the most appropriate means of ensuring such participation by creating at Community level a representative forum for the socio-economic interests involved;  Whereas Commission Decision 65/362/EEC of 5 July 1965 relating to the setting-up of a Joint Advisory Committee for Social Problems in Road Transport (4) is no longer in accord with the developments in social policy advocated by the Community institutions,  HAS DECIDED AS FOLLOWS:  Article 1  The Commission hereby creates a Joint Committee on Road Transport (hereinafter called 'the Committee').  Article 2  The Committee shall assist the Commission in the formulation and implementation of the Community social policy aimed at improving and harmonizing living and working conditions in road transport.  Article 3  1. In order to attain the objectives laid down in Article 2, the Committee shall:  (a) issue opinions and submit reports to the Commission, either at the latter's request or on its own initiative; and  (b) in respect of matters falling within the competence of the employers 'and employees' associations listed in Article 4 (2) (a):  - promote dialogue and cooperation between these associations,  - arrange for studies to be carried out,  - participate in discussions and seminars.  2. The Committee shall ensure that all interested parties are informed of its activities.  3. Upon requesting an opinion or report from the Committee under the terms of paragraph 1 (a) the Commission may fix a time limit within which the opinion or report shall be given.  Article 4  1. The Committee shall consist of 44 members.  2. (a) The members of the Committee shall be appointed by the Commission on a proposal from the following associations of carriers and employees in road transport:  Carriers' association:  Liaison Committees of the IRU to the European Communities;  Employees' association:  Committee of Transport Workers' Unions of the European Community.  (b) Seats shall be attributed as follows:  - to representatives of the carriers' association, 22,  - to representatives of the employees' association, 22.  Article 5  1. An alternate shall be appointed for each member of the Committee under the same conditions as laid down in Article 4 (2).  2. Without prejudice to the provisions of Article 9, an alternate shall not attend meetings of the Committee or a working group provided for in Article 9, or participate in its work, unless the member for whom he is the alternate is prevented from doing so.  Article 6  1. Committee members and their alternates shall hold office for a term of four years; appointments shall be renewable.  2. Members and their alternates whose term of office has expired shall remain in office until they have been replaced or their term of office has been renewed.  3. A member's or alternate's term of office shall cease before the expiry of the period of four years upon his resignation or death or if the association which nominated him requests his replacement. The vacancy thereby caused shall be filled in the manner prescribed in Article 4 (2) by a person appointed for the remainder of the term of office.  4. There shall be no payment for duties performed.  Article 7  1. The Commission shall, by a two-thirds majority of members present, elect from among its members a chairman and vice-chairman who shall hold office for a term of two years. The chairman and vice-chairman shall be chosen alternately, and in reverse order, from amongst the two groups of associations listed in Article 4 (2) (a).  2. (a) The chairman or vice-chairman whose term of office has expired shall remain in office until he has been replaced.  (b) Should the chairman or vice-chairman cease to hold office before expiry of his term, he shall be replaced for the remainder of the term by a person appointed in the manner prescribed in paragraph 1 upon a proposal from the group to which his association belongs.  Article 8  The Committee may create a bureau consisting of the chairman, vice-chairman and rapporteurs of the working groups provided for in Article 9 to plan and coordinate its work.  Article 9  The Committee may:  (a) set up ad hoc or permanent working groups to facilitate its work. It may authorize a member to delegate another representative of his association, who shall be named, to take his place in a working group; such delegate shall enjoy the same rights at meetings of the working group as the member he replaces;  (b) ask the Commission to appoint experts to assist it in specific tasks. It shall be its duty to do so if one of the associations listed in Article 4 (2) (a) so requests;  (c) ask for the attendance at Committee meetings, as an expert, of any person who is specially qualified in any particular subject on the agenda. The expert shall be present only for the discussion of the particular subject for which his attendance is required. Article 10  The Committee shall be convened by its secretariat at the request of the Commission, the bureau or of one-third of the Committee's members. In the latter case, the Committee shall meet within 30 days.  Article 11  1. No opinion of the Committee shall be valid unless two-thirds of the members are present.  2. The Committee shall submit its opinions or reports to the Commission. If an opinion or report is not unanimous, the Committee shall submit to the Commission the dissenting opinions delivered.  Article 12  1. The Commission shall provide a secretariat for the Committee, the bureau and the working groups.  2. Representatives of the relevant services of the Commission shall attend the meetings of the Committee, the bureau and the working groups.  3. A representative of the secretariat of each of the associations listed in Article 4 (2) shall attend the meetings of the Committee as observer.  4. After hearing the Committee's views the Commission may ask other organizations than those mentioned in Article 4 (2) (a) to participate as observers in the Committee's work.  Article 13  If the Commission has informed the Committee that an opinion requested relates to a matter of a confidential nature, members of the Committee shall be bound, without prejudice to the provisions of Article 214 of the Treaty, not to disclose any information acquired at the meetings of the Committee, the working groups or the bureau.  Article 14  After hearing the Committee's views, the Commission may review this Decision in the light of experience.  Article 15  Decision 65/362/EEC is hereby repealed.  Article 16  This Decision shall apply from 18 November 1985.  Done at Brussels, 18 November 1985.  For the Commission  Alois PFEIFFER  Member of the Commission  (1) OJ No C 13, 12. 2. 1974, p. 1.  (2) OJ No C 70, 1. 7. 1972, p. 11.  (3) OJ No C 175, 4. 7. 1984, p. 1.  (4) OJ No 130, 16. 7. 1965, p. 2184.


title: Decision (EU) 2015/5 of the European Central Bank of 19 November 2014 on the implementation of the asset-backed securities purchase programme (ECB/2014/45)

text:
               6.1.2015

               EN

               Official Journal of the European Union

               L 1/4

         DECISION (EU) 2015/5 OF THE EUROPEAN CENTRAL BANK
   of 19 November 2014
   on the implementation of the asset-backed securities purchase programme

      (ECB/2014/45)

   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular the second subparagraph of Article 12.1 in conjunction with the first indent of Article 3.1, and Article 18.1 thereof,
   Whereas:

               (1)

               In accordance with Article 18.1 of the Statute of the European System of Central Banks and of the European Central Bank, the European Central Bank (ECB), together with national central banks of Member States whose currency is the euro, may operate in the financial markets by, among other things, buying and selling marketable instruments outright.

               (2)

               On 4 September 2014 the Governing Council decided that a new asset-backed securities purchase programme (ABSPP) should be initiated. Alongside the third covered bond purchase programme (1) and the targeted longer-term refinancing operations (2) the ABSPP will further enhance the transmission of monetary policy, facilitate credit provision to the euro area economy, generate positive spill-overs to other markets and, as a result, ease the ECB's monetary policy stance, and contribute to a return of inflation rates to levels closer to 2 %.

               (3)

               As part of the single monetary policy, the outright purchase of eligible asset-backed securities (ABS) by the ECB under the ABSPP should be implemented in a uniform and, exceptionally during the initial phase, centralised manner, in accordance with this Decision.

               (4)

               After the initial phase of the ABSPP, it is intended that the ABSPP should be implemented in a uniform and decentralised manner by the Eurosystem central banks in accordance with a subsequent decision to that effect by the Governing Council,

         HAS ADOPTED THIS DECISION:
   Article 1
   Establishment and scope of the ABSPP
   The ABSPP, under which the ECB shall purchase eligible ABS within the meaning of Article 2 and in accordance with the provisions of this Decision, is hereby established. Under the ABSPP, the ECB may instruct its agents to purchase eligible ABS on its behalf in the primary and secondary markets from eligible counterparties within the meaning of Article 4.
   Article 2
   Eligibility criteria for the outright purchase of ABS
   ABS shall be eligible for outright purchase under the ABSPP provided that they satisfy the following eligibility criteria:

               (1)

               The ABS have a credit quality assessment in compliance with, at a minimum, credit quality step 3 in the Eurosystem's harmonised rating scale (3), expressed in the form of at least two public credit ratings provided by any two External Credit Assessment Institutions (ECAIs) accepted within the Eurosystem Credit Assessment Framework (ECAF).

               (2)

               Other than as provided in point 1 above, the ABS fulfil the eligibility criteria applicable to ABS submitted as collateral for Eurosystem monetary policy operations as laid down in Annex I to Guideline ECB/2011/14 (4) (as amended by Guideline ECB/2012/25 (5) and Guideline ECB/2014/10 (6)) and in Decision ECB/2013/35 (7).

               (3)

               Where the ABS do not have a credit quality assessment in compliance with at least credit quality step 2 in the Eurosystem's harmonised rating scale, expressed in the form of at least two public credit ratings provided by any two ECAIs accepted within the ECAF, the ABS must, in addition to fulfilling the requirements of point 2, fulfil the eligibility criteria applicable to ABS submitted as collateral for Eurosystem monetary policy operations pursuant to Article 3 of Guideline ECB/2014/31 (8).

               (4)

               No less than 90 % of the obligors of the cash-flow generating assets backing the ABS are classified as private sector non-financial corporations (9) or natural persons, measured by reference to the outstanding principal amount of the cash-flow generating assets attributable to such obligors.

               (5)

               No less than 95 % of:

                           (a)

                           the outstanding principal amount of the cash-flow generating assets backing the ABS issue is denominated in euro;

                           (b)

                           any properties securing the cash-flow generating assets backing an ABS issue of residential mortgage-backed securities (RMBS) or commercial mortgage-backed securities (CMBS) are located in the euro area, measured by reference to the outstanding principal amount of the cash-flow generating assets attributable to such properties; and

                           (c)

                           the obligors of the cash-flow generating assets backing the ABS issue (other than ABS issues of RMBS and CMBS described under point (b)), measured by reference to the outstanding principal amount of the cash-flow generating assets attributable to such obligors, are incorporated or resident, as applicable, in the euro area.

               (6)

               The issuer of the ABS is established in the euro area.

               (7)

               A tranche of ABS (with the same or fungible International Securities Identification Number (ISIN)) which, at the time assessed by the ECB for potential purchase in accordance with Article 3, was retained in full by the originator or entities with which it has close links (10) will be eligible for purchase under the ABSPP if an external investor without a close link to the originator (with the exception of a Eurosystem central bank acting outside the framework of the ABSPP) also purchases part of that tranche of ABS (with the same or fungible ISIN).

               (8)

               Where the obligors of the cash-flow generating assets backing an ABS issue are incorporated or resident in Greece or Cyprus, the minimum rating level set out in point 1 shall not apply to those ABS provided that they are subject to the purchase limit specified in Article 5(2) and satisfy all other applicable eligibility criteria for purchase under the ABSPP and all of the following additional requirements:

                           (a)

                           the Eurosystem's minimum credit quality threshold used in determining the eligibility as collateral of marketable debt instruments issued or guaranteed by the Greek or Cypriot governments is not applied pursuant to Article 8(2) of Guideline ECB/2014/31;

                           (b)

                           the ABS have two public credit ratings from any two ECAIs accepted within the ECAF at the maximum achievable rating level for ABS issues in the relevant Member State;

                           (c)

                           the structure of the ABS issue incorporates current credit enhancement (such as the credit enhancement provided by all tranches of the ABS issue which are subordinated to the ABS tranche eligible for purchase) equal to a minimum of 25 % of the current principal amount outstanding of all tranches of the ABS issue;

                           (d)

                           investor reports are available and the ABS can be modelled using standard third party ABS cash-flow modelling tools, as assessed by the ECB;

                           (e)

                           the best available credit quality assessment of each of the following counterparties in the ABS issue (if relevant), with the exception of the servicer, complies with a minimum of credit quality step 3 in the Eurosystem's harmonised rating scale, expressed in the form of at least one public credit rating from any single ECAI accepted within the ECAF:

                                       (i)

                                       any issuer account bank;

                                       (ii)

                                       any issuer account bank guarantor;

                                       (iii)

                                       any liquidity facility provider;

                                       (iv)

                                       any hedge counterparty;

                                       (v)

                                       the principal paying agent; and

                                       (vi)

                                       any guaranteed investment contract provider;

                           (f)

                           a back-up servicer for the ABS issue has been appointed.

         Article 3
   Credit risk assessment and due diligence
   Prior to the purchase of any ABS fulfilling the eligibility criteria under Article 2, the ECB shall conduct a credit risk assessment and due diligence in relation to such ABS.
   Article 4
   Eligible counterparties
   The following shall be eligible counterparties for the ABSPP, both for outright transactions and for securities lending transactions involving ABS held in ABSPP portfolios: (a) counterparties participating in Eurosystem monetary policy operations as defined in Section 2.1 of Annex I to Guideline ECB/2011/14; (b) counterparties that are used by Eurosystem central banks for the investment of their euro-denominated investment portfolios; and (c) entities deemed to be eligible counterparties for outright transactions under the ABSPP by the Governing Council on the basis of a Eurosystem counterparty risk assessment by the ECB.
   Article 5
   Purchase limits
   1.   Other than as provided for in paragraph 2, no more than 70 % of the outstanding amount of a tranche of ABS (with the same or fungible ISIN) may be purchased and held pursuant to the ABSPP at any time.
   2.   In relation to a tranche of ABS (with the same or fungible ISIN) eligible for purchase under point 8 of Article 2, no more than 30 % of the outstanding amount of such tranche may be purchased and held pursuant to the ABSPP at any time.
   Article 6
   Entry into force
   This Decision shall enter into force on the day following its publication on the ECB's website.

      Done at Frankfurt am Main, 19 November 2014.

            The President of the ECB

         Mario DRAGHI

      (1)  Decision ECB/2014/40 of 15 October 2014 on the implementation of the third covered bond purchase programme. Not yet published in the Official Journal.

      (2)  Decision ECB/2014/34 of 29 July 2014 on measures relating to targeted longer-term refinancing operations (OJ L 258, 29.8.2014, p. 11).

      (3)  As published on the ECB's website.

      (4)  Guideline ECB/2011/14 of 20 September 2011 on monetary policy instruments and procedures of the Eurosystem (OJ L 331, 14.12.2011, p. 1).

      (5)  Guideline ECB/2012/25 of 26 November 2012 amending Guideline ECB/2011/14 on monetary policy instruments and procedures of the Eurosystem (OJ L 348, 18.12.2012, p. 30).

      (6)  Guideline ECB/2014/10 of 12 March 2014 amending Guideline ECB/2011/14 on monetary policy instruments and procedures of the Eurosystem (OJ L 166, 5.6.2014, p. 33).

      (7)  Decision ECB/2013/35 of 26 September 2013 on additional measures relating to Eurosystem refinancing operations and eligibility of collateral (OJ L 301, 12.11.2013, p. 6).

      (8)  Guideline ECB/2014/31 of 9 July 2014 on additional temporary measures relating to Eurosystem refinancing operations and eligibility of collateral and amending Guideline ECB/2007/9 (OJ L 240, 13.8.2014, p. 28).

      (9)  ‘Non-financial corporations’ has the meaning given to it in the European System of Accounts as referred to in Annex I to Guideline ECB/2011/14.

      (10)  ‘Close links’ has the meaning given to it in Section 6.2.3.2 of Annex I to Guideline ECB/2011/14.