Avis juridique important

|

31998D0685

98/685/EC: Council Decision of 23 March 1998 concerning the conclusion of the Convention on the Transboundary Effects of Industrial Accidents

Official Journal L 326 , 03/12/1998 P. 0001 - 0004

COUNCIL DECISION of 23 March 1998 concerning the conclusion of the Convention on the Transboundary Effects of Industrial Accidents (98/685/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 130s(1) thereof, in conjunction with the first sentence of Article 228(2) and the first subparagraph of Article 228(3) thereof,Having regard to the proposal of the Commission (1),Having regard to the opinion of the European Parliament (2),Whereas the Commission took part, on behalf of the Community, in the negotiations with a view to the conclusion of the Convention on the Transboundary Effects of Industrial Accidents; whereas the Convention was signed on behalf of the Community in Helsinki on 18 March 1992;Whereas the Convention aims at protecting human beings and the environment against industrial accidents capable of causing transboundary effects and at promoting active international cooperation between the Contracting Parties before, during and after such accidents;Whereas the conclusion of the Convention comes within the scope of the Community's participation in international measures to protect the environment, recommended by the fifth Action Programme on the Environment, the general approach of which was approved by the Council and the Representatives of the Governments of the Member States, meeting within Council, in their Resolution of 1 February 1993 (3);Whereas, in accordance with the principles stated in Article 130r of the Treaty, the control of major-accident hazards involving dangerous substances constitutes a matter of utmost importance for all Member States in view of the cross-border nature of the effects on the environment and human health of major industrial accidents involving such substances;Whereas Council Directive 82/501/EEC of 24 June 1982 on the major-accident hazards of certain industrial activities (4) and Council Directive 96/82/EC of 9 December 1996 on the Control of major-accident hazards involving dangerous substances (5) aim at the prevention of major accidents and the limitation of their consequences for man and the environment; whereas these Directives contain provisions concerning transboundary cooperation;Whereas it is therefore necessary for the Community to approve the Convention;Whereas for certain substances, namely bromine, methanol, oxygen and substances dangerous for the environment, the threshold quantities set out in Directive 96/82/EC differ from those mentioned in Part I of Annex I to the Convention;Whereas it will not be possible for the Community to apply the aforementioned threshold quantities for the abovementioned substances; whereas, therefore, in order to enable the Convention to the approved, reservations have to be formulated;Whereas, in order for the Convention to enter into force without delay, it is necessary that signatory Member States carry out their procedures for ratification, acceptance or approval of the Convention as soon as possible, in order to enable the Community and the Member States to deposit their instruments of ratification, acceptance or approval,HAS DECIDED AS FOLLOWS:Article 1 The Convention on the Transboundary Effects of Industrial Accidents is hereby approved on behalf of the Community subject to the reservations appearing in Annex I hereto.The text of the Convention is attached to this Decision.Article 2 The President of the Council is hereby authorised to designate the persons empowered to deposit, on behalf of the Community, the instrument of approval with the Secretary-General of the United Nations Organisation, in accordance with Article 28 of the Convention. When depositing the instrument of approval and the reservations in Annex I, the said person(s) will deposit the declaration of competence appearing in Annex II hereto.Article 3 This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 23 March 1998.For the CouncilThe PresidentM. MEACHER(1) OJ C 267, 3.9.1997, p. 60.(2) OJ C 339, 10.11.1997, p. 26.(3) OJ C 138, 17.5.1993, p. 1.(4) OJ L 230, 5.8.1982, p. 1. Directive as last amended by the 1994 Act of Accession.(5) OJ L 10, 14.1.1997, p. 13.ANNEX I RESERVATIONS The Member States of the European Community, in their mutual relations, will apply the Convention in accordance with the Community's internal rules.The Community therefore reserves the right:(i) as concerns the threshold quantities mentioned in Annex I, Part I, Nos 3, 4 and 5 of the Convention, to apply threshold quantities of 100 tonnes for bromine (very toxic substance), 5 000 tonnes for methanol (toxic substance ) an 2 000 tonnes for oxygen (oxidising substance);(ii) as concerns the threshold quantities mentioned in Annex I, Part I, No 8 of the Convention, to apply threshold quantities of 500 tonnes (risk phrase R50-53 (1*): 'substances very toxic to aquatic organisms which may cause long term adverse effects in the aquatic environment`) and 2 000 tonnes (risk phrase R51-53 (2*): 'substances toxic to aquatic organisms which may cause long term adverse effects in the aquatic environment`) for substances dangerous for the environment.(1*) Substances classified according to Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ 196, 16.8.1967, p. 1). Directive as last amended by Directive 96/56/EC (OJ L 236, 18.9.1996, p. 35).ANNEX II DECLARATION BY THE EUROPEAN COMMUNITY PURSUANT TO ARTICLE 29(4) OF THE CONVENTION ON THE TRANSBOUNDARY EFFECTS OF INDUSTRIAL ACCIDENTS; CONCERNING COMPETENCE In accordance with the EC Treaty, the objectives and principles of the Community's environmental policy are, in particular, to preserve and protect the quality of the environment and human health through preventive action. In pursuit of those objectives, the Council adopted Council Directive 82/501/EEC of 24 June 1982 on the major-accident hazards of certain industrial activities which has been replaced by Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances. These instruments aim at the prevention of major-accident hazards involving dangerous substances and the limitations of their consequences for man and the environment and cover matters which are the subject of the Convention on the Transboundary Effects of Industrial Accidents. The Community will inform the depositary of any amendment to this Directive and of any further relevant development in the field covered by the Convention.As regards the application of the Convention, the Community and its Member States are responsible, within their respective spheres of competence.


title: 2009/532/EC: Council Decision, meeting in the composition of Heads of State or Government of 9 July 2009 nominating the person it intends to appoint as President of the Commission for the period 2009-2014

text:
               10.7.2009

               EN

               Official Journal of the European Union

               L 179/61

      COUNCIL DECISION, MEETING IN THE COMPOSITION OF HEADS OF STATE OR GOVERNMENT

   of 9 July 2009
   nominating the person it intends to appoint as President of the Commission for the period 2009-2014
   (2009/532/EC)
   THE COUNCIL OF THE EUROPEAN UNION, MEETING IN THE COMPOSITION OF HEADS OF STATE OR GOVERNMENT,
   Having regard to the Treaty establishing the European Community, and in particular Article 213(1), second and third subparagraphs, and Article 214(2), first subparagraph thereof, as well as to the Protocol on the enlargement of the European Union, and in particular Article 4(3) thereof,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Mr José Manuel DURÃO BARROSO is hereby nominated as the person the Council intends to appoint as President of the Commission for the period from 1 November 2009 to 31 October 2014.
   Article 2
   This Decision shall be forwarded to the European Parliament.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 9 July 2009.

            For the Council

            The President

         F. REINFELDT


title: Decision of the European Parliament of 5 May 2010 on discharge in respect of the implementation of the budget of the European Network and Information Security Agency for the financial year 2008

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/174

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on discharge in respect of the implementation of the budget of the European Network and Information Security Agency for the financial year 2008
   (2010/532/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Network and Information Security Agency for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European Network and Information Security Agency for the financial year 2008, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing the European Network and Information Security Agency (3), and in particular Article 17 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A7-0087/2010),

               1.

               Grants the Executive Director of the European Network and Information Security Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2008;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 304, 15.12.2009, p. 16.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 77, 13.3.2004, p. 1.

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

               25.9.2010

               EN

               Official Journal of the European Union

               L 252/175

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Network and Information Security Agency for the financial year 2008
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Network and Information Security Agency for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European Network and Information Security Agency for the financial year 2008, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing the European Network and Information Security Agency (3), and in particular Article 17 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A7-0087/2010),

               A.

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

               B.

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

                           —

                           noted the Court of Auditors’ criticism that the implementation of operational activities was concentrated in the last quarter of 2007, with about 40 % of commitments and more than 50 % of payments concerning operational activities being executed in November and December 2007,

                           —

                           was not satisfied with the Agency’s reply that in some cases appropriations carried over were calculated with some degree of approximation,

                           —

                           expressed its concern that the Court of Auditors had found weaknesses in procurement procedures, particularly that the pre-selection of tenders was not justified, the evaluation committee had not signed the evaluation documents and files were unstructured and incomplete,

      Performance

               1.

               Congratulates the Agency on its performance in 2008, the improvement in the resilience of European electronic communication networks, development and cooperation with Member States;

               2.

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

      Budgetary and financial management

               3.

               Notes that the Court of Auditors found deficiencies in procurement procedures, particularly with regard to the under-estimation of the budgets of a framework contract; stresses in particular that underestimating procurement budgets constitutes an obstacle to fair competition as firms are less prone to present offers for limited amounts; notes, nonetheless, the response of the Agency, which, in the third quarter of 2009, issued a new call for tenders in order to remedy its previous deficiencies;

               4.

               Notes that the Agency continues to take all possible measures to obtain from the tax authorities of the host Member State a refund of EUR 45 000, corresponding to the amount of VAT paid in advance by the Agency;

               5.

               Notes that the Agency’s accounts for the financial year 2008 show income from interest in the amount of EUR 143 818; concludes from the annual closure of accounts and the amount of interest payments that the Agency maintains enormously high cash reserves over long periods; notes that as of 31 December 2008 the Agency’s cash reserves amounted to EUR 2 436 694; calls on the Commission to examine ways of ensuring that the principle of needs-based cash management, as laid down in Article 15(5) of Regulation (EC, Euratom) No 2343/2002, is implemented in full and what changes in approach are needed to ensure that the Agency’s cash reserves are kept as low as possible on a long-term basis;

      Internal audit and human resources

               6.

               Congratulates the Agency on the fact that all eight recommendations of the Internal Audit Service considered to be ‘very important’ have been implemented; notes that those recommendations related to the follow-up to the implementation of the internal control standard audit and human resources management (e.g. staff policy, renewal of contracts ending in 2008, independence of the selection committees, training services and transparency in the promotion procedure);

               7.

               Refers for other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 5 May 2010 (6) on the performance, financial management and control of the agencies.

      (1)  OJ C 304, 15.12.2009, p. 16.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 77, 13.3.2004, p. 1.

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

      (5)  OJ L 255, 26.9.2009, p. 153.

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