Avis juridique important

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32000D0508

Decision No 508/2000/EC of the European Parliament and of the Council of 14 February 2000 establishing the Culture 2000 programme

Official Journal L 063 , 10/03/2000 P. 0001 - 0009

DECISION No 508/2000/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILof 14 February 2000establishing the Culture 2000 programmeTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular the first indent of Article 151(5) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Committee of the Regions(2),Acting in accordance with the procedure laid down in Article 251 of the Treaty, in the light of the joint text approved by the Conciliation Committee on 9 December 1999(3),Whereas:(1) Culture has an important intrinsic value to all people in Europe, is an essential element of European integration and contributes to the affirmation and vitality of the European model of society and to the Community's influence on the international scene.(2) Culture is both an economic factor and a factor in social integration and citizenship; for that reason, it has an important role to play in meeting the new challenges facing the Community, such as globalisation, the information society, social cohesion and the creation of employment.(3) With a view to meeting the needs of the cultural dimension in the European Union, the Community has to take cultural aspects into account in its action under provisions of the Treaty other than Article 151, in particular in order to respect and to promote the diversity of its cultures; in this context, the Commission should encourage the dissemination of information about the opportunities for the cultural industries in the Structural Funds, in accordance with Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(4), and undertake studies to that end.(4) In view of the growing importance of culture for European society and the challenges facing the Community at the dawn of the 21st century, it is important to increase the effectiveness and consistency of Community measures in the cultural field by proposing a single guidance and programming framework for the period 2000 to 2004, bearing in mind the need for the Community policies concerned to take greater account of culture; in this respect, the Council Decision of 22 September 1997 regarding the future of European cultural action(5) calls on the Commission to make proposals with a view to establishing a single instrument for programming and financing aimed at the implementation of Article 151 of the Treaty.(5) If citizens give their full support to, and participate fully in, European integration, greater emphasis should be placed on their common cultural values and roots as a key element of their identity and their membership of a society founded on freedom, democracy, tolerance and solidarity; a better balance should be achieved between the economic and cultural aspects of the Community, so that these aspects can complement and sustain each other.(6) The Treaty confers responsibility on the European Union for creating and ever-closer union among the peoples of Europe and for contributing to the flowering of the cultures of the Member States, while respecting their national and regional diversity and at the same time bringing the common cultural heritage to the fore; special attention should be devoted to safeguarding the position of Europe's small cultures and less widely-spoken languages.(7) The Community is consequently committed to working towards the development of a cultural area common to the European people, which is open, varied and founded on the principle of subsidiarity, cooperation between all those involved in the cultural sector, the promotion of a legislative framework conducive to cultural activities and ensuring respect for cultural diversity, and the integration of the cultural dimension into Community policies as provided for in Article 151(4) of the Treaty.(8) To bring to life the cultural area common to the European people, it is essential to encourage creative activities, promote cultural heritage with a European dimension, encourage mutual awareness of the culture and history of the peoples of Europe and support cultural exchanges with a view to improving the dissemination of knowledge and stimulating cooperation and creative activities.(9) There is a need, in this context, to promote greater cooperation with those engaged in cultural activities by encouraging them to enter into cooperation agreements for the implementation of joint projects, to support more closely targeted measures having a high European profile, to provide support for specific and innovative measures and to encourage exchanges and dialogue on selected topics of European interest.(10) The Kaleidoscope, Ariane and Raphael cultural programmes set out, respectively, in Decision No 719/96/EC(6), in Decision No 2085/97/EC(7) and in Decision No 2228/97/EC(8) of the European Parliament and of the Council marked the first positive stage in the implementation of Community action on culture; however, the Community's cultural endeavours should be simplified and reinforced on the basis of the results of the evaluation and achievements of the abovementioned programmes.(11) In accordance with the Commission's communication "Agenda 2000", the effectiveness of measures at Community level should be increased, notably by concentrating the resources available for internal policies, including cultural action.(12) Considerable experience has been acquired, particularly through the evaluation of the first cultural programmes, the wide-ranging consultation of all interested parties and the results of the Cultural Forum of the European Union held on 29 and 30 January 1998.(13) The Community's cultural activities should take account of the specific nature, and hence the specific needs, of each cultural area.(14) The conclusions of the European Council at Copenhagen on 21 and 23 June 1993 called for the opening of Community programmes to the countries of central and eastern Europe which have signed Association Agreements; the Community has signed, with some third countries, Cooperation Agreements which contain a cultural clause.(15) This Decision therefore establishes a single financing and programming instrument for cultural cooperation, entitled the "Culture 2000 programme", for the period from 1 January 2000 to 31 December 2004.(16) This Decision lays down for the entire duration of the programme a financial framework constituting the principal point of reference, within the meaning of point 33 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 6 May 1999 on bugetary discipline and improvement of the budgetary procedure(9).(17) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(10).(18) In accordance with the subsidiarity and proportionality principles established by Article 5 of the Treaty, as the objectives of this action cannot be sufficiently achieved by the Member States, they can therefore, by reason of the scale or effects of the proposed action, be better attained by the Community; this Decision is limited to the minimum required for the attainment of those objectives and does not go beyond what is necessary to that end.(19) The Culture 2000 programme should be the only programme operating from the year 2000 in the field of culture; therefore Decision No 2228/97/EC should be repealed,HAVE DECIDED AS FOLLOWS:Article 1Duration and objectivesA single financing and programming instrument for cultural cooperation, hereinafter referred to as the "Culture 2000 programme", is hereby established for the period from 1 January 2000 to 31 December 2004.The Culture 2000 programme shall contribute to the promotion of a cultural area common to the European peoples. In this context, it shall support cooperation between creative artists, cultural operators, private and public promoters, the activities of the cultural networks, and other partners as well as the cultural institutions of the Member States and of the other participant States in order to attain the following objectives:(a) promotion of cultural dialogue and of mutual knowledge of the culture and history of the European peoples;(b) promotion of creativity and the transnational dissemination of culture and the movement of artists, creators and other cultural operators and professionals and their works, with a strong emphasis on young and socially disadvantaged people and on cultural diversity;(c) the highlighting of cultural diversity and the development of new forms of cultural expression;(d) sharing and highlighting, at the European level, the common cultural heritage of European significance; disseminating know-how and promoting good practices concerning its conservation and safeguarding;(e) taking into account the role of culture in socioeconomic development;(f) the fostering of intercultural dialogue and mutual exchange between European and non-European cultures;(g) explicit recognition of culture as an economic factor and as a factore in social integration and citizenship;(h) improved access to and participation in culture in the European Union for as many citizens as possible.The Culture 2000 programme shall further an effective linkage with measures implemented under other Community policies which have cultural implications.Article 2Types of cultural actions and eventsThe objectives listed in Article 1 shall be achieved by the following means:(a) specific innovative and/or experimental actions;(b) integrated actions covered by structured, multiannual cultural Cooperation Agreements;(c) special culturals events with a European and/or international dimension.The actions and their implementing measures are described in Annex I. They are either vertical (concerning one cultural field) or horizontal (associating several cultural fields).Article 3BudgetThe financial framework for the implementation of the Culture 2000 programme for the period referred to in Article 1 is hereby set at EUR 167 million.The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.Article 4Implementation1. The measures necessary for the implementation of this Decision relating to the matters listed below shall be adopted in accordance with the management procedure referred to in Article 5(2):(a) the priorities and general guidelines for all the measures described in Annex I and the annual programme resulting therefrom,(b) the general balance between all the actions,(c) the selection rules and criteria for the various types of project described in Annex I Actions I.1, I.2 and I.3,(d) the financial support to be provided by the Community amounts, duration, distribution and beneficiaries,(e) the detailed procedures for monitoring and evaluating this programme, together with the conclusions of the assessment report provided for in Article 8 and any other measure readjusting the Culture 2000 programme arising from the assessment report.2. The measures necessary for the implementation of this Decision relating to all other matters shall be adopted in accordance with the advisory procedure referred to in Article 5(3).Article 5Committee1. The Commission shall be assisted by a Committee.2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period referred to in Article 4(3) of Decision 1999/468/EC shall be set at two months.3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.4. The Committee shall adopt its rules of procedure.Article 6Consistency and complementarityIn the implementation of the Culture 2000 programme, the Commission shall, in cooperation with the Member States, ensure the overall consistency and complementarity with relevant Community policies and actions having an impact on the field of culture. This could involve the possibility of including complementary projects financed through other Community programmes.Article 7Third countries and international organisationsThe Culture 2000 programme shall be open to participation by the countries of the European Economic Area and also to participation by Cyprus and the associated countries of central and eastern Europe in accordance with the conditions laid down in the Association Agreements or in the additional Protocols to the Association Agreements relating to participation in Community programmes concluded or to be concluded with those countries.The Culture 2000 programme shall also permit cooperation with other third countries which have concluded Association or Cooperation Agreements containing cultural clauses, on the basis of additional funds made available in accordance with procedures to be agreed with the countries in question.The Culture 2000 programme shall permit joint action with international organisations competent in the field of culture, such as Unesco or the Council of Europe, on the basis of joint contributions and in accordance with the various rules prevailing in each institution or organisation for the realisation of the cultural actions and events listed in Article 2.Article 8Evaluation and monitoringNot later than 31 December 2002 the Commission shall present to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions a detailed assessment report on the results of the Culture 2000 programme, having regard to its objectives, and accompanied if necessary by a proposal for the amendment of this Decision.On completion of the Culture 2000 programme, the Commission shall present a report on its implementation to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions. Moreover, the Commission shall present annually a short report monitoring the situation of the implementation of the Culture 2000 programme to the European Parliament, the Council and the Committee of the Regions.These assessment reports shall emphasise in particular the creation of added value, particularly of a cultural nature, and the socioeconomic consequences of the Community's financial support.Article 9RepealDecision No 2228/97/EC shall be repealed with effect from 1 January 2000.Article 10Entry into forceThis Decision shall enter into force on the date of its publication in the Official Journal of the European Communities.It shall apply from 1 January 2000.Done at Brussels, 14 February 2000.For the European ParliamentThe PresidentN. FONTAINEFor the CouncilThe PresidentJ. GANA(1) OJ C 211, 7.7.1998, p. 18.(2) OJ C 51, 22.2.1999, p. 68.(3) Opinion of the European Parliament of 5 November 1998 (OJ C 359, 23.11.1998, p. 28), Council Common Position of 28 June 1999 (OJ C 232, 13.8.1999, p. 25) and Decision of the European Parliament of 28 October 1999 (not yet published in the Official Journal). Council Decision of 24 January 2000 and Decision of the European Parliament of 3 February 2000.(4) OJ L 161, 26.6.1999, p. 1.(5) OJ C 305, 7.10.1997, p. 1.(6) OJ L 99, 20.4.1996, p. 20.(7) OJ L 291, 24.10.1997, p. 26.(8) OJ L 305, 8.11.1997, p. 31.(9) OJ C 172, 18.6.1999, p. 1.(10) JO L 184, 17.7.1999, p. 23.ANNEX IACTIVITIES AND IMPLEMENTING MEASURES FOR THE CULTURE 2000 PROGRAMMEI. Description of actions and eventsI.1. Specific innovative and/or experimental actionsEach year the Community will support events and projects carried out in partnership or in the forms of networks. These projects must involve operators from at least three States participating in the Culture 2000 programme, on the basis of priorities defined after consultation of the Committee referred to in Article 5, without prejudice to offering the associated countries participation in the programme in accordance with the procedures envisaged in Article 7. These actions will cover in principle a period of one year which may be extended to two supplementary years. These vertical actions (concerning one cultural field) or horizontal actions (associating several cultural fields) should be innovative and/or experimental and aim primarily to do the following:(i) place the main emphasis on facilitating access to culture and wider cultural participation by the people in Europe, in all their social, regional and cultural diversity, in particular young people and the most underprivileged;(ii) encourage the emergence and spread of new forms of expression, within and alongside traditional cultural fields (such as music, the performing arts, the plastic and visual arts, photography, architecture, literature, books, reading, the cultural heritage including the cultural landscape and children's culture);(iii) support projects aimed at improving access to books and reading, as well as training professionals working in the field;(iv) support projects of cooperation aimed at conserving, sharing, highlighting and safeguarding, at the European level, the common cultural heritage of European significance;(v) support the creation of multimedia products, tailored to meet the needs of different publics, and thus make European artistic creation and heritage more visible and more accessible to all;(vi) encourage initiatives, discussions and cooperation between cultural and sociocultural operators working in the field of social integration, especially integration of young people;(vii) foster an intercultural dialogue and mutual exchange between European and other cultures, in particular by encouraging cooperation on subjects of common interest between cultural institutions and/or other operators in the Member States and those in third countries;(viii) promote the dissemination of live cultural events using the new technologies of the information society.Community support may not exceed 60 % of the budget for a specific action. In most cases this support may not be less than EUR 50000 or more than EUR 150000 a year.I.2. Integrated actions covered by structured, multiannual transnational cultural cooperation agreementsThe Culture 2000 programme shall encourage closer relations and joint working by supporting cultural networks and, in particular, networks of operators, cultural bodies and cultural institutions, involving in particular professionals in different participating States with a view to realising structured cultural projects both within and outside the Community. This measure relates to significant quality projects with a European dimension, involving at least five States participating in the Culture 2000 programme.The cultural Cooperation Agreements will be aimed at carrying out structured, multiannual cultural actions, between operators of several Member States and those of other States participating in the Culture 2000 programme. These Agreements will concern transnational actions concerning one cultural field, (vertical actions) such as music, the performing arts, the plastic and visual arts, literature, books and reading including translation and cultural heritage. They will moreover promote, also by using new media, the achievement of trans-sectoral integrated actions (horizontal actions based on synergy), i.e. associating several cultural fields.The Cooperation Agreements proposed in this way for up to three years shall comprise some or all of the following activities:(i) co-productions and circulation of works and other cultural events in the European Union (e.g. exhibitions, festivals, etc.), making them accessible to as many citizens as possible;(ii) mobility of artists, creators and other cultural operators;(iii) further training for professionals in the cultural field and exchange of experience both in academic and practical terms;(iv) enhancement of cultural sites and monuments within the Community with a view to raising awareness of European culture;(v) research projects, public awareness campaigns, activities for teaching and the dissemination of knowledge, seminars, congresses, meetings on cultural topics of European importance;(vi) use of new technologies;(vii) projects aimed at the highlighting of cultural diversity and of multilingualism, promoting mutual awareness of the history, roots, common cultural values of the European peoples and their common cultural heritage.Following consultation of the Committee referred to in Article 5(1) of the Decision, the Community will grant support for the implementation of cultural Cooperation Agreements. It will be intended to cover not only part of the funding of the project, but also expenses relating to the initial establishment of lasting cooperation, which may be multiannual, in a legal form recognised in one of the Member States of the Union.In order for the agreement to be eligible, the activities it covers must involve operators from at least five States participating in the Culture 2000 programme.Those responsible for multiannual cultural Cooperation Agreements receiving Community support for more than one year must submit to the Commission at the end of each year a summary of activities undertaken and of the expenditure on each activity, in order for the Community support to be carried over for the period of the project.Community support may not exceed 60 % of the cultural Cooperation Agreement's budget. It may not be more than EUR 300000 a year.This support may be raised by a maximum of 20 % in order to cover the relevant costs incurred in the management of the cultural Cooperation Agreements.I.3. Special cultural events with a European or international dimensionThese events, substantial in scale and scope, should strike a significant chord with the people of Europe and help to increase their sense of belonging to the same community as well as making them aware of the cultural diversity of the Member States, as well as intercultural and international dialogue.These events include in particular:(i) the European Capital of Culture and the European Cultural Month;(ii) organising symposia to study questions of common cultural interest in order to foster cultural dialogue both inside and outside the Community;(iii) organising innovative cultural events which have a strong appeal and are accessible to citizens in general, particularly in the field of cultural heritage, artistic activities and European history, and which in particular provide a link between education, the arts and culture;(iv) recognising and highlighting European artistic talent, particularly among young people by means of, inter alia, European prizes in the various cultural spheres: literature, translation, architecture, etc.;(v) support for projects admitted by the appropriate authorities of the participating States and involving the conservation and safeguarding of the cultural heritage of outstanding importance which contributes to development and dissemination of innovative concepts, methods and techniques at a European level and which can be described as "European heritage laboratories".The priorities relating to these events will be established after consultation of the Committee referred to in Article 5 of the Decision.Community support may not exceed 60 % of the budget for a special cultural event. It may not be less than EUR 200000 or more than EUR 1 million a year for the events referred to in item (i). For the events referred to in items (ii) to (v), the corresponding limits will in most cases not be less than EUR 150000 a year and in all cases not be more than EUR 300000 a year. The indicative allocation for these activities shall be 10 % of the financial framework of the programme.The three types of actions and events described in I.1, I.2 and I.3 follow either a vertical (concerning one cultural field) or horizontal (associating several cultural fields) approach.An indicative description of these approaches is provided in Annex II.II. Coordination with the other Community instruments in the field of cultureThe Commission will ensure coordination with other Community instruments active in the cultural sphere through specific actions, cultural Cooperation Agreements and special cultural events, mainly with a view to promoting and arranging for collaboration between sectors with common and converging interests, such as for example:- culture and tourism (through cultural tourism),- culture, education and youth (in particular, presentations to schools and colleges of audiovisual and multimedia products on European culture, with commentaries by creative or performing artists),- culture and employment (encouraging the creation of jobs in the cultural sector, especially in the new cultural areas),- culture and external relations,- cultural statistics resulting from an exchange of comparative statistical information at Community level,- culture and the internal market,- culture and research,- culture and the export of cultural goods.III. CommunicationRecipients of Community support must mention this support explicitly, and as prominently as possible, in all information or communications relating to the project.IV. Technical assistance and accompanying actionsWhen executing the Culture 2000 programme, the Commission may have recourse to technical assistance organisations for which the financing is planned within the total funding of the programme not exceeding 3 % of the latter. It may also, under the same conditions, make use of experts or networks of experts.In addition, the Commission may arrange evaluative studies as well as organise seminars, colloquia or other experts' meetings which might assist with the implementation of the Culture 2000 programme. The Commission may also organise actions related to information, publication and dissemination.V. Contact pointsThe Commission and the Member States will organise on a voluntary basis, and step up, the mutual exchange of information for use in the implementation of the Culture 2000 programme, by means of cultural contact points which will be responsible for:- promoting the programme,- facilitating access to the programme for, and encouraging participation in its activities by as many professionals and operators in the cultural field as possible, by means of an effective dissemination of information,- providing an efficient link with the various institutions providing aid to the cultural sector in the Member States, thus contributing to the complementarity between the measures taken under the Culture 2000 programme and national support measures,- providing information and contact at the appropriate level between operators participating in the Culture 2000 programme and those participating in other Community programmes open for cultural projects.VI. Overall budget breakdownVI.1. At the beginning of the operation, and no later than 1 March every year, the Commission will submit to the Committee an ex ante breakdown of budget resources by type of action, taking into account, to this end, the objectives set out in Article 1 of the Decision.VI.2. The funds available will be broken down internally subject to the following indicative guidelines:(a) the funds allocated to specific innovative and/or experimental actions should be not more than 45 % of the annual budget for the Culture 2000 programme;(b) the funds allocated to integrated actions covered by structured, multiannual cultural Cooperation Agreements should be not less than 35 % of the annual budget for the Culture 2000 programme;(c) the funds allocated to special cultural events with a European and/or international dimension should be around 10 % of the annual budget for the Culture 2000 programme;(d) the remaining expenditure, including the costs related to the contact points, should be around 10 % of the annual budget for the Culture 2000 programme.VI.3. All the percentages given above are indicative and may be adapted by the Committee according to the procedure laid down in Article 4 of the Decision.ANNEX IIINDICATIVE DESCRIPTION OF THE VERTICAL AND HORIZONTAL APPROACHESThe three actions of the Culture 2000 programme represent either a vertical approach (concerning one cultural field) or a horizontal approach (associating several cultural fields).As an indication, these may be considered in the following manner.I. A vertical approachThis implies a sectoral approach which seeks to take into account the specific needs of each cultural field, in particular.(a) In the following fields: music, the performing arts, the plastic and visual arts, architecture, as well as regards other forms of artistic expression, for example multimedia, photography, children's culture and street art. This approach, according to the individual aspects of each cultural field, should:(i) promote exchanges and cooperation between cultural operators;(ii) aid the movement of artists and their works around Europe;(iii) improve the possibilities of training and further training, in particular when combined with the improved mobility of those working in the cultural field (including teachers and students);(iv) encourage creativity, while supporting the implementation of activities promoting European artists and their works in the abovementioned fields within Europe and favouring a policy of dialogue and exchanges with other world cultures;(v) support initiatives which would use creativity as a means of social integration.(b) As regards books, reading and translation, this approach aims:(i) to encourage exchanges and cooperation between institutions and/or individuals from the different Member States and other countries participating in the programme as well as third countries;(ii) to improve awareness and the distribution of literary creation and the history of the European people through supporting the translation of literary, dramatic and reference works, especially those in the lesser-used European languages and the languages of central and east European countries;(iii) to encourage the mobility and further training of those working in the books and reading field;(iv) to promote books and reading, in particular in young people and less favoured sectors of society.The condition set out in the first paragraph of Annex I.1 concerning the minimum number of operators that are required from participating States in order to present projects under the "Culture 2000" programme, may be adapted to take account of the specific needs of literary translation.(c) As regards cultural heritage of European importance, in particular intellectual and non-intellectual, movable and non-movable heritage (museums and collections, libraries, archives, including photographic archives, audiovisual archives covering cultural works), archaeological and sub-aquatic heritage, architectural heritage, all of the cultural sites and landscapes (cultural and natural goods), this approach seeks:(i) to encourage projects of cooperation aimed at the conservation and restoration of the European cultural heritage;(ii) to encourage the development of international cooperation between institutions and/or operators, in order to contribute to exchanges of know-how and the development of best practice as regards conservation and safeguarding the cultural heritage;(iii) to improve access to the cultural heritage, where there is a European dimension, and encourage the active participation of the general public, in particular children, young people, the culturally deprived and inhabitants from rural or peripheral regions of the Community;(iv) to encourage mobility and training on cultural heritage for those working in the cultural sector;(v) to encourage international cooperation for the development of new technologies and innovation in the different heritage sectors and as regards the conservation of traditional crafts and methods;(vi) to take heritage into consideration in other Community policies and programmes;(vii) to encourage cooperation with third countries and the relevant international organisations.The specific needs of different sectors of cultural life (performing and visual arts, books and reading, cultural heritage, etc.) will be taken into account in a balanced way in the allocation of funds.II. A horizontal approachThis approach seeks to promote synergy and develop cultural creation, as much through the promotion of trans-sectoral activities involving a number of cultural sectors, as through supporting joint activities involving different Community programmes and policies (in particular those concerning education, youth, professional training, employment, etc.).The indicative allocation for these activities shall be 10 % of the financial framework of the programme.


title: 2013/230/EU: Council Decision of 14 May 2013 on the launch of automated data exchange with regard to Vehicle Registration Data (VRD) in Bulgaria

text:
               24.5.2013

               EN

               Official Journal of the European Union

               L 138/12

         COUNCIL DECISION
   of 14 May 2013
   on the launch of automated data exchange with regard to Vehicle Registration Data (VRD) in Bulgaria
   (2013/230/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), in particular Article 25 thereof,
   Having regard to Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (2), in particular Article 20 and Chapter 4 of the Annex thereto,
   Whereas:

               (1)

               According to the Protocol on Transitional Provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, the legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted prior to the entry into force of the Treaty of Lisbon are preserved until those acts are repealed, annulled or amended in implementation of the Treaties.

               (2)

               Accordingly, Article 25 of Decision 2008/615/JHA is applicable and the Council must unanimously decide whether the Member States have implemented the provisions of Chapter 6 of that Decision.

               (3)

               Article 20 of Decision 2008/616/JHA provides that decisions referred to in Article 25(2) of Decision 2008/615/JHA are to be taken on the basis of an evaluation report based on a questionnaire. With respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report is to be based on an evaluation visit and a pilot run.

               (4)

               According to Chapter 4, point 1.1, of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and has to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category.

               (5)

               Bulgaria has completed the questionnaire on data protection and the questionnaire on Vehicle Registration Data (VRD).

               (6)

               A successful pilot run has been carried out by Bulgaria with the Netherlands.

               (7)

               An evaluation visit has taken place in Bulgaria and a report on the evaluation visit has been produced by the Belgian/Dutch evaluation team and forwarded to the relevant Council Working Group.

               (8)

               An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning VRD has been presented to the Council,

         HAS ADOPTED THIS DECISION:
   Article 1
   For the purposes of automated searching of vehicle registration data (VRD), Bulgaria has fully implemented the general provisions on data protection of Chapter 6 of Decision 2008/615/JHA and is entitled to receive and supply personal data pursuant to Article 12 of that Decision as from the day of the entry into force of this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 14 May 2013.

            For the Council

            The President

         M. NOONAN

      (1)  OJ L 210, 6.8.2008, p. 1.

      (2)  OJ L 210, 6.8.2008, p. 12.


title: 2010/260/: Commission Decision of 4 May 2010 on the Security Plan for the operation of the Visa Information System

text:
               5.5.2010

               EN

               Official Journal of the European Union

               L 112/25

         COMMISSION DECISION
   of 4 May 2010
   on the Security Plan for the operation of the Visa Information System
   (2010/260/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (1), and in particular Article 32 thereof,
   Whereas:

               (1)

               Article 32(3) of Regulation (EC) No 767/2008 provides that the Management Authority shall take the necessary measures in order to achieve the objectives in the field of security prescribed in Article 32(2) as regards the operation of the VIS, including the adoption of the security plan.

               (2)

               Article 26(4) of Regulation (EC) No 767/2008 provides that during a transitional period before the Management Authority takes up its responsibilities, the Commission shall be responsible for the operational management of the VIS.

               (3)

               Regulation (EC) No 45/2001 of the European Parliament and of the Council (2) applies to the processing of personal data by the Commission when carrying out its responsibilities in the operational management of VIS.

               (4)

               Article 26(7) of Regulation (EC) No 767/2008 provides that where the Commission delegates its responsibilities during the transitional period before the Management Authority takes up its responsibilities, it shall ensure that this delegation does not adversely affect any effective control mechanism under Union law, whether of the Court of Justice, the Court of Auditors or the European Data Protection Supervisor.

               (5)

               The Management Authority should set out its own security plan in relation to the VIS once it will have taken up its responsibilities.

               (6)

               Commission Decision 2008/602/EC of 17 June 2008 laying down the physical architecture and requirements of the national interfaces and of the communication infrastructure between the central VIS and the national interfaces for the development phase (3) has described the required security services applicable for the network for VIS.

               (7)

               Article 27 of Regulation (EC) No 767/2008 provides that the principal central VIS, which performs technical supervision and administration functions, shall be located in Strasbourg (France) and a backup central VIS, capable of ensuring all functionalities of the principal central VIS in the event of failure of the system, shall be located in Sankt Johann im Pongau (Austria).

               (8)

               The roles of the security officers should be laid down in order to ensure efficient and prompt response to security incidents and reporting thereof.

               (9)

               A Security Policy should be set up describing all technical and organisational details in line with the provisions of this Decision.

               (10)

               Measures should be defined to ensure the appropriate level of security of the operation of VIS,

         HAS ADOPTED THIS DECISION:
   CHAPTER I

      GENERAL PROVISIONS

   Article 1
   Subject matter
   This Decision constitutes the security organisation and measures (security plan) within the meaning of Article 32(3) of Regulation (EC) No 767/2008.
   CHAPTER II

      ORGANISATION, RESPONSIBILITIES AND INCIDENT MANAGEMENT

   Article 2
   Tasks of the Commission
   1.   The Commission shall implement and monitor the effectiveness of the security measures for central VIS and the communication infrastructure referred to in this Decision.
   2.   The Commission shall designate a System Security Officer from among its officials. The System Security Officer shall be appointed by the Director-General of the Directorate-General for Justice, Freedom and Security of the Commission. The tasks of the System Security Officer shall include in particular:

               (a)

               the preparation, update and revision of the Security Policy as described in Article 7 of this Decision;

               (b)

               monitoring the effectiveness of the implementation of the security procedures of the central VIS and the communication infrastructure;

               (c)

               contributing to the preparation of reporting in relation to security as referred to in Article 50(3) and 50(4) of Regulation (EC) No 767/2008;

               (d)

               performing coordination and assistance tasks in the checks and audits performed by the European Data Protection Supervisor referred to in Article 42 of Regulation (EC) No 767/2008;

               (e)

               monitoring that this Decision and the Security Policy are applied properly and fully by any contractor including subcontractors being involved in any way in the management and operation of the VIS;

               (f)

               maintaining a list of single national contact points for VIS security and sharing it with the Local Security Officers for the central VIS and for the communication infrastructure.

         Article 3
   Local Security Officer for the central VIS
   1.   Without prejudice to Article 8, the Commission shall designate a Local Security Officer for the central VIS from among its officials. Conflicts of interest between the duty of Local Security Officer and any other official duty shall be prevented. The Local Security Officer for the central VIS shall be appointed by the Director-General of the Directorate-General for Justice, Freedom and Security of the Commission.
   2.   The Local Security Officer for the central VIS shall ensure that the security measures referred to in this Decision are implemented and the security procedures are followed in the principal central VIS. As regards the backup central VIS, the Local Security Officer for the central VIS shall ensure that security measures referred to in this Decision, except those referred to at Article 10, are implemented and the security procedures relating thereto are followed.
   3.   The Local Security Officer for central VIS may assign any of his or her tasks to subordinate personnel. Conflicts of interest between the duty to execute these tasks and any other official duty shall be prevented. A single contact phone number and address shall allow reaching the Local Security Officer or his or her on-duty subordinate at any time.
   4.   The Local Security Officer for the central VIS shall perform the tasks resulting from security measures to be taken at the principal and backup central VIS sites, within the limits of paragraph 1, including in particular:

               (a)

               local operational security tasks including firewall audit, regular security testing, auditing and reporting;

               (b)

               monitoring the effectiveness of the business continuity plan and ensuring that regular exercises are conducted;

               (c)

               securing evidence on, and reporting to the System Security Officer, any incident that may have an impact on the security of the central VIS or the communication infrastructure;

               (d)

               informing the System Security Officer if the Security Policy needs to be amended;

               (e)

               monitoring that this Decision and the Security Policy are applied by any contractor including subcontractors being involved in any way in the management and operation of the central VIS;

               (f)

               ensuring that the staff are made aware of their obligations and monitoring the application of the Security Policy;

               (g)

               monitoring IT security developments and ensuring that staff is trained accordingly;

               (h)

               preparing underlying information and options for the establishment, update and review of the Security Policy in accordance with Article 7.

         Article 4
   Local Security Officer for the communication infrastructure
   1.   Without prejudice to Article 8, the Commission shall designate a Local Security Officer for the communication infrastructure from among its officials. Conflicts of interest between the duty of Local Security Officer and any other official duty shall be prevented. The Local Security Officer for the Communication Infrastructure shall be appointed by the Director-General of the Directorate-General for Justice, Freedom and Security of the Commission.
   2.   The Local Security Officer for the communication infrastructure shall monitor the functioning of the communication infrastructure and ensure that the security measures are implemented and the security procedures are followed.
   3.   The Local Security Officer for the communication infrastructure may assign any of his or her tasks to subordinate personnel. Conflicts of interest between the duty to execute these tasks and any other official duty shall be prevented. A single contact phone number and address shall allow reaching the Local Security Officer or his or her on-duty subordinate at any time.
   4.   The Local Security Officer for the communication infrastructure shall perform the tasks resulting from security measures relating to the communication infrastructure, including in particular:

               (a)

               all operational security tasks relating to the communication infrastructure such as, firewall audit, regular security testing, auditing, reporting;

               (b)

               monitoring the effectiveness of the business continuity plan and ensuring that regular exercises are conducted;

               (c)

               securing evidence on, and reporting to the System Security Officer, any incident that may have an impact on the security of the communication infrastructure or the central VIS or on the national systems;

               (d)

               informing the System Security Officer if the Security Policy needs to be amended;

               (e)

               monitoring that this Decision and the Security Policy is applied by any contractor including subcontractors being involved in any way in the management of the communication infrastructure;

               (f)

               ensuring that the staff are made aware of their obligations and monitoring the application the Security Policy;

               (g)

               monitoring IT security developments and ensuring that staff is trained accordingly;

               (h)

               preparing underlying information and options for the establishment, update and review of the Security Policy in accordance with Article 7.

         Article 5
   Security incidents
   1.   Any event that has or may have an impact on the security of the operation of VIS and may cause damage or loss to the VIS shall be considered as a security incident, especially where access to data may have occurred or where the availability, integrity and confidentiality of data has or may have been compromised.
   2.   The Security Policy shall establish procedures to recover from an incident. Security incidents shall be managed to ensure a quick, effective and proper response in compliance with the Security Policy.
   3.   Information regarding a security incident that has or may have an impact on the operation of VIS in a Member State or on the availability, integrity and confidentiality of the VIS data entered by a Member State, shall be provided to the Member State concerned. Security incidents shall be notified to the Data Protection Officer of the Commission.
   Article 6
   Incident management
   1.   All staff and contractors involved in developing, managing or operating VIS shall be required to note and report any observed or suspected security weaknesses in the operation of VIS to the System Security Officer or the Local Security Officer for the central VIS or the Local Security Officer for the communication infrastructure, as appropriate.
   2.   In case of detection of any incident that has or may have an impact on the security of the operation of VIS, the Local Security Officer for the central VIS or the Local Security Officer for the communication infrastructure shall inform as quickly as possible the System Security Officer and, where appropriate, the single national contact point for VIS security, if such a contact point exists in the Member State in question, in writing or, in case of extreme urgency, via other communication channels. The report shall contain the description of the security incident, the level of risk, the possible consequences and the measures that have been or should be taken to mitigate the risk.
   3.   Any evidence in relation to the security incident shall be secured immediately by the Local Security Officer for the central VIS or the Local Security Officer for the communication infrastructure, as appropriate. To the extent possible under applicable data protection provisions, such evidence shall be made available to the System Security Officer upon request of the latter.
   4.   Feedback processes shall be implemented to ensure that information about the results is communicated, once the incident has been dealt with and terminated.
   CHAPTER III

      SECURITY MEASURES

   Article 7
   Security Policy
   1.   The Director-General of the Directorate-General for Justice, Freedom and Security shall establish, update and regularly review a binding Security Policy in accordance with this Decision. The Security Policy shall provide for the detailed procedures and measures to protect against threats to the availability, integrity and confidentiality of the VIS, including emergency planning, in order to ensure the appropriate level of security as prescribed by this Decision. The Security Policy shall comply with this Decision.
   2.   The Security Policy shall be based on a risk assessment. The measures described by the Security Policy shall be proportionate to the risks identified.
   3.   The risk assessment and the Security Policy shall be updated if technological changes, identification of new threats or any other circumstances make it necessary. The Security Policy shall be reviewed in any event on an annual basis to ensure that it is still appropriately responding to the latest risk assessment or any other newly identified technological change, threat or other relevant circumstance.
   4.   The Security Policy shall be prepared by the System Security Officer, in coordination with the Local Security Officer for the VIS and the Local Security Officer for the communication infrastructure.
   Article 8
   Implementation of the security measures
   1.   The implementation of tasks and requirements laid down in this Decision and in the Security Policy, including the task of designating a Local Security Officer, may be contracted out or entrusted to private or public bodies.
   2.   In this case the Commission shall ensure through legally binding agreement that the requirements laid down in this Decision and in the Security Policy, are fully complied with. In case of delegation or contracting out of the task of designating a Local Security Officer, the Commission shall ensure through legally binding agreement that it will be consulted on the person to be designated as Local Security Officer.
   Article 9
   Facilities access control
   1.   Security perimeters with appropriate barriers and entry controls shall be used to protect areas that contain data processing facilities.
   2.   Within the security perimeters, secure areas shall be defined to protect the physical components (assets), including hardware, data media and consoles, plans and other documents on the VIS as well as offices and other work places of staff involved in operating the VIS. These secure areas shall be protected by appropriate entry controls to ensure that only authorised personnel are allowed access. Work in secure areas shall be subject to the detailed security rules set out in the Security Policy.
   3.   Physical security for offices, rooms and facilities shall be foreseen and installed. Access points such as delivery and loading areas and other points where unauthorised persons may enter the premises shall be controlled and, if possible, isolated from data processing facilities to avoid unauthorised access.
   4.   A physical protection of the security perimeters against damage from natural or man-made disaster shall be designed and applied proportionally to the risk.
   5.   Equipment shall be protected from physical and environmental threats and from opportunities for unauthorised access.
   6.   If such information is available to the Commission, it shall add to the list referred to in Article 2(2)(f) a single point of contact for monitoring the implementation of the provisions of this Article at the premises where the backup central VIS is located.
   Article 10
   Data media and asset control
   1.   Removable media containing data shall be protected against unauthorised access, misuse or corruption and its readability shall be ensured during the whole lifetime of the data.
   2.   Media shall be disposed securely and safely when no longer required, in accordance with the detailed procedures to be set out in the Security Policy.
   3.   Inventories shall ensure that information on the storage location, the applicable retention period and access authorisations are available.
   4.   All important assets of the central VIS and the communication infrastructure shall be identified, so that they can be protected in accordance with their importance. An up-to-date register of relevant IT equipment shall be kept.
   5.   An up-to-date documentation of the central VIS and the communication infrastructure shall be available. Such documentation must be protected against unauthorised access.
   Article 11
   Storage control
   1.   Appropriate measures shall be taken to ensure proper storage of information and the prevention of unauthorised access thereto.
   2.   All items of equipment containing storage media shall be checked to ensure that sensitive data have been removed or fully overwritten prior to disposal, or shall be securely destroyed.
   Article 12
   Password control
   1.   All passwords shall be kept safely and treated confidentially. In case of suspicion that a password has been disclosed, the password has to be changed immediately or the user account has to be disabled. Unique and individual user identities shall be used.
   2.   Procedures shall be defined in the Security Policy for logging in and out to prevent any unauthorised access.
   Article 13
   Access control
   1.   The Security Policy shall establish a formal staff registration and de-registration procedure in place for granting and revoking access to VIS hardware and software at the central VIS for the purposes of the operational management. The allocation and use of adequate access credentials (passwords or other appropriate means) shall be controlled through a formal management process as laid down in the Security Policy.
   2.   Access to VIS hardware and software at the central VIS shall:

               (i)

               be restricted to authorised persons;

               (ii)

               be limited to cases where a legitimate purpose in accordance with Articles 42 and 50(2) of Regulation (EC) No 767/2008 can be identified;

               (iii)

               not exceed the duration and scope necessary for the purpose of the access; and

               (iv)

               take place only in accordance with an access control policy to be defined in the Security Policy.

         3.   Only the consoles and software authorised by the Local Security Officer for central VIS shall be used at the central VIS. The use of system utilities that might be capable of overriding system and application controls shall be restricted and controlled. There shall be procedures in place to control the installation of software.
   Article 14
   Communication control
   The communication infrastructure shall be monitored in order to provide availability, integrity and confidentiality for the information exchanges. Cryptographic means shall be used to protect the data transmitted in the communication infrastructure.
   Article 15
   Control of data recording
   Accounts for persons authorised to access VIS software from the central VIS shall be monitored by the Local Security Officer for the central VIS. Use of those accounts, including time and user identity shall be registered.
   Article 16
   Transport control
   1.   Appropriate measures shall be defined in the Security Policy to prevent unauthorised reading, copying, modification or deletion of personal data during the transmission to or from the VIS or during the transport of data media. Provisions shall be laid down in the Security Policy with regard to the admissible types of dispatch or transport as well as in respect of accountability procedures for the transport of items and their arrival at the place of destination. The data medium shall not contain any data other than the data which is to be sent.
   2.   Services delivered by third parties involving accessing, processing, communicating or managing data processing facilities or adding products or services to data processing facilities shall have appropriate integrated security controls.
   Article 17
   Security of the communication infrastructure
   1.   The communication infrastructure shall be adequately managed and controlled in order to protect it from threats and to ensure the security of the communication infrastructure itself and of central VIS, including data exchanged through it.
   2.   Security features, service levels and management requirements of all network services shall be identified in the network service agreement with the service provider.
   3.   Besides protecting the VIS access points, any additional service being used by the communication infrastructure shall also be protected. Appropriate measures shall be defined in the Security Policy.
   Article 18
   Monitoring
   1.   Logs recording the information referred to in Article 34(1) of Regulation (EC) No 767/2008 relating to every access to and all data processing operations within the central VIS shall be kept securely stored on, and accessible from the premises where the principal and backup central VIS sites are located for the period referred to in Article 34(2) of Regulation (EC) No 767/2008.
   2.   Procedures for monitoring use or faults in information processing facilities shall be set out in the Security Policy and the results of the monitoring activities reviewed regularly. If necessary, appropriate action shall be taken.
   3.   Logging facilities and logs shall be protected against tampering and unauthorised access in order to meet the requirements of collecting and retain for the evidence retention period.
   Article 19
   Cryptographic measures
   Cryptographic measures shall be used where appropriate for the protection of information. Their use, along with the purposes and conditions, must be approved by the System Security Officer in advance.
   CHAPTER IV

      HUMAN RESOURCES SECURITY

   Article 20
   Personnel profiles
   1.   The Security Policy shall define the functions and responsibilities of persons who are authorised to access the VIS, including the communication infrastructure.
   2.   The security roles and responsibilities of Commission staff, contractors and staff involved in operational management shall be defined, documented and communicated to the persons concerned. The job description and the objectives shall state these roles and responsibilities for Commission staff; contracts or service level agreements shall state them for contractors.
   3.   Confidentiality and secrecy agreements shall be concluded with all persons to whom no European Union or Member State public service rules apply. Staff required to work with VIS data shall have the necessary clearance or certification in accordance with the detailed procedures to be set out in the Security Policy.
   Article 21
   Information of personnel
   1.   All staff and, where relevant, contractors shall receive appropriate training in security awareness, legal requirements, policies and procedures, to the extent required by their duties.
   2.   At the termination of the employment or contract, responsibilities related to job change or employment termination shall be defined for staff and contractors in the Security Policy, and procedures shall be set out in the Security Policy to manage the return of assets and the removal of access rights.
   CHAPTER V

      FINAL PROVISION

   Article 22
   Applicability
   1.   This Decision shall become applicable as of the date determined by the Commission in accordance with Article 48(1) of Regulation (EC) No 767/2008.
   2.   This Decision shall expire when the Management Authority takes up its responsibilities.

      Done at Brussels, 4 May 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 218, 13.8.2008, p. 60.

      (2)  OJ L 8, 12.1.2001, p. 1.

      (3)  OJ L 194, 23.7.2008, p. 3.


title: 2008/326/EC: Commission Decision of 11 April 2008 adjusting the weightings applicable from 1 February 2007 , 1 March 2007 , 1 April 2007 , 1 May 2007 and 1 June 2007 to the remuneration of officials, temporary staff and contract staff of the European Communities serving in third countries

text:
               24.4.2008

               EN

               Official Journal of the European Union

               L 112/26

      COMMISSION DECISION

   of 11 April 2008
   adjusting the weightings applicable from 1 February 2007, 1 March 2007, 1 April 2007, 1 May 2007 and 1 June 2007 to the remuneration of officials, temporary staff and contract staff of the European Communities serving in third countries
   (2008/326/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to the Staff Regulations of officials of the European Communities and the conditions of employment of other servants of the Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), and in particular the second paragraph of Article 13 of Annex X thereto,
   Whereas:

               (1)

               Pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, the weightings to be applied from 1 July 2006 to the remuneration of officials, temporary staff and contract staff of the European Communities serving in third countries payable in the currency of their country of employment were laid down by Council Regulation (EC) No 453/2007 (2).

               (2)

               Some of these weightings need to be adjusted in accordance with the second paragraph of Article 13 of Annex X to the Staff Regulations, with effect from 1 February, 1 March, 1 April, 1 May and 1 June 2007, since the statistics available to the Commission show that in certain third countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   With effect from 1 February, 1 March, 1 April, 1 May and 1 June 2007 the weightings applied to the remuneration of officials, temporary staff and contract staff of the European Communities serving in third countries, payable in the currency of the country of employment, shall be those set out in the Annex hereto.
   The exchange rates for the calculation of such remuneration shall be established in accordance with the rules for the implementation of the Financial Regulation and shall correspond to the date referred to in the first paragraph.

      Done at Brussels, 11 April 2008.

            For the Commission

         Benita FERRERO-WALDNER

            Member of the Commission

      (1)  OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 337/2007 (OJ L 90, 30.3.2007, p. 1).

      (2)  OJ L 109, 26.4.2007, p. 22.

      ANNEX

                  Place of employment

                  Weighting February 2007

                  Angola

                  117,3

                  Barbados

                  127,5

                  Bulgaria

                  80,4

                  Cape Verde

                  82,3

                  South Korea

                  117,3

                  Costa Rica

                  70,8

                  Guinea (Conakry)

                  57,7

                  Haiti

                  114,8

                  Lebanon

                  92,3

                  Nepal

                  78,8

                  Uganda

                  65,1

                  Paraguay

                  78,8

                  Democratic Republic of the Congo (Kinshasa)

                  137,6

                  Sierra Leone

                  76,6

                  Sudan

                  61,6

                  Syria

                  70,6

                  Place of employment

                  Weighting March 2007

                  Argentina

                  53,5

                  Cameroon

                  103,5

                  Côte d’Ivoire

                  98,7

                  Guyana

                  61,3

                  India

                  47,6

                  Jordan

                  75,9

                  Kazakhstan (Almaty)

                  121,6

                  Kyrgyzstan

                  84,3

                  Madagascar

                  84,7

                  Uganda

                  69,4

                  Sri Lanka

                  53,2

                  Venezuela

                  64,1

                  Place of employment

                  Weighting April 2007

                  Angola

                  121,8

                  Botswana

                  58,1

                  Guinea (Conakry)

                  49,2

                  Mali

                  86,3

                  Sudan

                  55,1

                  Tajikistan

                  66,5

                  Zambia

                  56,3

                  Place of employment

                  Weighting May 2007

                  Argentina

                  54,9

                  Costa Rica

                  70,8

                  Ethiopia

                  87,1

                  Ghana

                  69,2

                  Indonesia (Jakarta)

                  79,5

                  Democratic Republic of the Congo (Kinshasa)

                  131,6

                  Trinidad and Tobago

                  68,6

                  Turkey

                  85,9

                  Yemen

                  76,0

                  Place of employment

                  Weighting June 2007

                  Canada

                  92,7

                  El Salvador

                  76,6

                  United States (New York)

                  103,1

                  Guatemala

                  79,0

                  Malawi

                  73,1

                  Moldova

                  58,5

                  Nicaragua

                  57,3

                  Rwanda

                  90,9

                  Tanzania

                  61,7


title: DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL of 4 March 1991 amending Decision 90/414/ECSC preventing trade as regards Iraq and Kuwait (91/125/ECSC) #

text:
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41991D0125

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL of 4 March 1991 amending Decision 90/414/ECSC preventing trade as regards Iraq and Kuwait (91/125/ECSC)  -

Official Journal L 060 , 07/03/1991 P. 0015 - 0015 Finnish special edition: Chapter 11 Volume 16 P. 0220  Swedish special edition: Chapter 11 Volume 16 P. 0220

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL  of 4 March 1991  amending Decision 90/414/ECSC preventing trade as regards Iraq and Kuwait  (91/125/ECSC) THE REPRESENTATIVES OF THE  GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL,  Whereas, by Decision 90/414/ECSC (1), trade in commodities and products covered by the ECSC Treaty was prevented as regards Iraq and Kuwait following the Resolutions by the Security Council of the United Nations imposing an embargo on Iraq and Kuwait  after the invasion and occupation of Kuwait by Iraqi troops;  Whereas the liberation of Kuwait has now taken place;  Whereas, on 2 March 1991, the Security Council of the United Nations adopted Resolution 686 (1991) recalling, inter alia, paragraph 9 of Resolution 661 (1990) regarding assistance to the Government of Kuwait, and requesting, in paragraph 6, all Member  States, as well as the United Nations Organization, the specialized agencies and other international organizations in the United Nations system, to take all appropriate action to cooperate with the Government and people of Kuwait in the reconstruction  of their country;  Whereas the Community and its Member States, meeting in the framework of political cooperation, consider there is no reason to maintain the embargo measures imposed by the Community with regard to Kuwait;  Whereas the Community and its Member States have decided to lift the said measures; whereas, in order to do so, the Council adopted Council Regulation (EEC) No 542/91 (2) lifting the Community embargo measures concerning commodities and products other  than those covered by the ECSC Treaty; whereas it is necessary to adopt a decision lifting also the said measures for these last mentioned products;  In agreement with the Commission,  HAVE DECIDED AS FOLLOWS:  Article 1  The prohibitions imposed by Decision 90/414/ECSC are hereby lifted as regards Kuwait as from 2 March 1991.  Article 2  This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities. Done at Brussels, 4 March 1991. The President  J. F. POOS  (1) OJ No L 213, 9. 8. 1990, p. 3.  (2) See page 5 of this Official Journal.


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32000D0641

Council Decision of 17 October 2000 establishing a secretariat for the joint supervisory data-protection bodies set up by the Convention on the Establishment of a European Police Office (Europol Convention), the Convention on the Use of Information Technology for Customs Purposes and the Convention implementing the Schengen Agreement on the gradual abolition of checks at the common borders (Schengen Convention)

Official Journal L 271 , 24/10/2000 P. 0001 - 0003

Council Decisionof 17 October 2000establishing a secretariat for the joint supervisory data-protection bodies set up by the Convention on the Establishment of a European Police Office (Europol Convention), the Convention on the Use of Information Technology for Customs Purposes and the Convention implementing the Schengen Agreement on the gradual abolition of checks at the common borders (Schengen Convention)(2000/641/JHA)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Articles 30 and 34(2)(c) of the Treaty on the European Union,Having regard to Article 2 of the Protocol integrating the Schengen acquis into the framework of the European Union,Having regard to the initiative of the Portuguese Republic(1),Having considered the opinion of the European Parliament(2),Whereas:(1) The Convention on the Establishment of a European Police Office (Europol Convention)(3), the Convention on the Use of Information Technology for Customs Purposes(4) and the Convention implementing the Schengen Agreement on the gradual abolition of checks at the common borders (Schengen Convention)(5) have created joint supervisory bodies in order to monitor the correct application of data protection provisions in those instruments.(2) In order for those joint supervisory bodies to function effectively and to reduce costs, they should be supported by one single, independent data-protection secretariat which, in the exercise of its tasks, is bound only by instructions of those bodies.(3) For practical reasons the administration of the data-protection secretariat should be closely linked to the General Secretariat of the Council, while safeguarding its independence in the exercise of its tasks.(4) In order to ensure this independence, decisions on the appointment and removal from office of the head of the data-protection secretariat should be taken by the Deputy Secretary-General of the Council, acting on a proposal of the joint supervisory bodies, and the other officials assigned to the data-protection secretariat should be placed exclusively under the instructions of the head of the data-protection secretariat.(5) The administrative expenses of the data-protection secretariat should be charged to the general budget of the European Union. Europol should contribute to the financing of certain expenses in respect of meetings relating to matters of implementation of the Europol Convention.(6) Since Council Decision 1999/438/EC of 20 May 1999 concerning the joint supervisory authority set up under Article 115 of the Convention applying the Schengen Agreement of 14 June 1985, on the gradual abolition of checks at common borders, signed on 19 June 1990(6), is superseded by this Decision, it should be repealed as from the date on which this Decision becomes applicable.(7) The existing joint supervisory bodies have expressed their approval for the principles set out in this Decision,HAS DECIDED AS FOLLOWS:Article 1Establishment and tasks of the data-protection secretariat1. A secretariat (hereinafter referred to as the "data-protection secretariat") is hereby established for the joint supervisory bodies set up by the Convention on the Establishment of a European Police Office (Europol Convention), the Convention on the Use of Information Technology for Customs Purposes and the Convention implementing the Schengen Agreement on the gradual abolition of checks at the common borders (Schengen Convention).2. The data-protection secretariat shall fulfil the tasks provided for the secretariats of the joint supervisory bodies as laid down in the respective Rules of Procedure of those bodies.Article 2Data-protection Secretary1. The data-protection secretariat shall be headed by a data-protection secretary whose independence in the performance of his tasks shall be safeguarded, subject only to instructions from the joint supervisory bodies and their chairmen. The Deputy Secretary-General of the Council, acting on a proposal by the joint supervisory bodies, shall appoint the data-protection secretary for a period of three years. The data-protection secretary may be reappointed.2. The data-protection secretary shall be chosen from among the persons who are European Union citizens, have full civil and political rights, can bring to bear appropriate experience and expertise in the performance of the duties concerned, and offer every guarantee of independence. He shall refrain from any action incompatible with his duties and, during his term of office, not engage in any other occupation, whether gainful or not. He shall, after his term of office, behave with integrity and discretion as regards the acceptance of appointments and benefits.3. The data-protection secretary shall be removed from office by the Deputy Secretary-General of the Council, acting on a proposal from the joint supervisory bodies, if he no longer fulfils the conditions required for the performance of his duties or if he has been guilty of serious misconduct.4. Apart from normal replacement on expiry of his term of office or in the event of his death and removal from office in accordance with paragraph 3, the office of the data-protection secretary shall end when his resignation takes effect. In the case of the expiration of his term of office and in the case of his resignation, he shall at the request of the joint supervisory bodies remain in office until he has been replaced.5. The data-protection secretary shall, both during and after termination of his term of office, be subject to a duty of professional secrecy with regard to the confidential information which has come to his knowledge in the course of the performance of his duties.6. During his term of office, the data-protection secretary shall, except where otherwise stated in this Decision, be subject to the rules applicable to persons having the status of a temporary agent within the meaning of Article 2(a) of the Conditions of employment of other servants of the European Communities(7), including Articles 12 to 15 and 18 of the Protocol on Privileges and Immunities of the European Communities. The data-protection secretary shall be in grade A, the level and step at which he is employed shall be determined by the criteria applicable to the officials and other agents of the Communities. If the person appointed is already an official of the Communities, he shall be seconded for the term of his office in the interest of the service by virtue of Article 37(a), first indent, of the Staff Regulations of officials of the European Communities (Staff Regulations)(8). The first sentence of the last paragraph of Article 37 of the Staff Regulations shall apply without prejudice to paragraph 1 of this Article.Article 3Staff1. The data-protection secretariat shall be provided with the staff necessary for the performance of its tasks. The staff members assigned to the data-protection secretariat shall fill posts included in the list of posts appended to the section of the general budget of the European Union relating to the Council.2. In the exercise of their duties the staff members referred to in paragraph 1 shall be subject exclusively to the instructions of the data-protection secretary and the joint supervisory bodies and their chairmen. In that context, they may neither seek nor accept instructions from any government, authority, organisation or person apart from the data-protection secretary and the joint supervisory bodies and their chairmen.3. Notwithstanding paragraph 2, the staff assigned to the data-protection secretariat shall be subject to the regulations and rules applicable to officials and other servants of the European Communities. As regards the exercise of the powers conferred by the Staff Regulations on the appointing authority and the powers under the Conditions of employment of other servants of the European Communities, the staff shall be subject to the same rules as the officials and other agents of the European Communities.Article 4Administrative support1. The General Secretariat of the Council shall provide the office space and equipment necessary for the performance of the duties of the data-protection secretariat. It shall provide facilities for meetings of the joint supervisory bodies within the premises of the Council, including interpretation facilities.2. As fas as meetings to be convened in the premises of the Council are concerned, the chairmanship of the joint supervisory bodies shall set these dates subject to prior agreement of the Presidency of the Council.Article 5Financing1. The administrative overhead expenses of the data-protection secretariat (in particular equipment, remuneration, allowances and other personnel expenses) shall be charged to the section of the general budget of the European Union relating to the Council.2. Costs related directly to meetings shall be borne- by the Council, for meetings on the premises of the Council relating to matters of implementation of the provisions of the Schengen Convention as well as travelling expenses for carrying out controls at the C.SIS and for meetings relating to matters of implementation of the Convention on the Use of Information Technology for Customs Purposes,- by Europol, for meetings relating to matters of implementation of the Europol Convention.Article 6Final provisions1. This Decision shall enter into force the day following its adoption by the Council.It shall apply from 1 September 2001.2. As from the date of entry into force of this Decision, the decisions and acts necessary to implement this Decision can be adopted. They shall not take effect before the date on which this Decision becomes applicable.3. At the date on which this Decision becomes applicable, Decision 1999/438/EC shall be repealed. It shall, however, continue to apply to expenses caused by events preceding that date.Done at Luxembourg, 17 October 2000.For the CouncilThe PresidentÉ. Guigou(1) OJ C 141, 19.5.2000, p. 20.(2) Opinion delivered on 21 September 2000 (not yet published in the Official Journal).(3) OJ C 316, 27.11.1995, p. 2.(4) OJ C 316, 27.11.1995, p. 33.(5) OJ L 239, 22.9.2000, p. 19.(6) OJ L 176, 10.7.1999, p. 34.(7) OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Commission communication (OJ C 60, 2.3.1999, p. 11).(8) OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Commission communication (OJ C 60, 2.3.1999, p. 11).


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31989D0649

89/649/EEC, Euratom, ECSC: Council Decision of 21 December 1989 appointing Members of the Court of Auditors

Official Journal L 382 , 30/12/1989 P. 0091 - 0091 Finnish special edition: Chapter 1 Volume 2 P. 0120  Swedish special edition: Chapter 1 Volume 2 P. 0120

*****COUNCIL  DECISION  of 21 December 1989  appointing Members of the Court of Auditors  (89/649/EEC, Euratom, ECSC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 78e thereof,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 206 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 180 thereof,  Having regard to the Treaty establishing a single Council and a single Commission of the European Communities, and in particular Article 22 thereof,  Having regard to the opinion of the European Parliament (1),  Whereas the terms of office of Mr Marcel Mart, Mr Charles J. Carey, Mr Lothar Haase, Mr Pierre Lelong, Mr André J. Middelhoek and Mr Stergios Vallas, Members of the Court of Auditors, expired on 17 October 1989;  Whereas new appointments should be made,  HAS DECIDED AS FOLLOWS:  Article 1  The following are hereby appointed Members of the Court of Auditors for the period from 21 December 1989 up to and including 20 December 1995:  Mr Androutsopoulos  Mr Carey  Mr Friedmann  Mr Middelhoek  Mr Strasser  Mr Thoss  Article 2  This Decision shall take effect on 21 December 1989.  Done at Brussels, 21 December 1989.  For the Council  The President  E. CRESSON  (1) Opinions delivered on 21 November and 15 December 1989 (not yet published in the Official Journal).


title: Council Decision (EU) 2016/783 of 12 May 2016 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (Budget Line 12.02.01)

text:
                  20.5.2016

                  EN

                  Official Journal of the European Union

                  L 131/66

            COUNCIL DECISION (EU) 2016/783
      of 12 May 2016
      on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (Budget Line 12.02.01)
      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 in conjunction with Article 218(9) thereof,
      Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
      Having regard to the proposal from the European Commission,
      Whereas:

                  (1)

                  The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.

                  (2)

                  Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Protocol 31 to the EEA Agreement (‘Protocol 31’).

                  (3)

                  Protocol 31 contains provisions on cooperation in specific fields outside the four freedoms.

                  (4)

                  It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in Union actions funded from the general budget of the European Union regarding the implementation and development of the single market for financial services.

                  (5)

                  Protocol 31 should therefore be amended in order to allow for this extended cooperation to continue beyond 31 December 2015.

                  (6)

                  The position of the Union within the EEA Joint Committee should therefore be based on the attached draft decision,

            HAS ADOPTED THIS DECISION:
      Article 1
      The position to be adopted, on the Union's behalf, within the EEA Joint Committee on the proposed amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms, shall be based on the draft decision of the EEA Joint Committee attached to this Decision.
      Article 2
      This Decision shall enter into force on the date of its adoption.

         Done at Brussels, 12 May 2016.

               For the Council

               The President

            F. MOGHERINI

         (1)  OJ L 305, 30.11.1994, p. 6.

         (2)  OJ L 1, 3.1.1994, p. 3.

         DRAFT
         DECISION OF THE EEA JOINT COMMITTEE No …/2016
         of …
         amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
         THE EEA JOINT COMMITTEE,
         Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Articles 86 and 98 thereof,
         Whereas:

                     (1)

                     It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in Union actions funded from the general budget of the European Union regarding the implementation and development of the single market for financial services.

                     (2)

                     Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2016,

               HAS ADOPTED THIS DECISION:
         Article 1
         Article 7 of Protocol 31 to the EEA Agreement shall be amended as follows:

                     1.

                     In paragraphs 3 and 4, the words ‘paragraphs 5 to [11]’ are replaced by the words ‘this Article’.

                     2.

                     The following paragraph is added:

                                 ‘12.

                                 The EFTA States shall, as from 1 January 2016, participate in the Union actions related to the following budget line, entered into the general budget of the European Union for the financial year 2016:

                                             —

                                                Budget line 12 02 01: ‘Implementation and development of the single market for financial services’.’.

               Article 2
         This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement (*).
         It shall apply from 1 January 2016.
         Article 3
         This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

            Done at Brussels,

                  For the EEA Joint Committee

                  The President

                  The Secretaries

                  to the EEA Joint Committee

            (*)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]


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32002D0494

2002/494/JHA: Council Decision of 13 June 2002 setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes

Official Journal L 167 , 26/06/2002 P. 0001 - 0002

Council Decisionof 13 June 2002setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes(2002/494/JHA)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Title VI of the Treaty on European Union, and in particular Article 30 and Article 34(2)(c) thereof,Having regard to the initiative of the Kingdom of the Netherlands,Having regard to the opinion of the European Parliament(1),Whereas:(1) The International Criminal Tribunals for the former Yugoslavia and for Rwanda have since 1995 been investigating, prosecuting and bringing to justice violations of laws and customs of war, genocide and crimes against humanity.(2) The Rome Statute of the International Criminal Court of 17 July 1998 affirms that the most serious crimes of concern to the international community as a whole, in particular genocide, crimes against humanity and war crimes, must not go unpunished and that their effective prosecution must be ensured by taking measures at national level and by enhancing international cooperation.(3) The Rome Statute recalls that it is the duty of every State to exercise its criminal jurisdiction over those responsible for such international crimes.(4) The Rome Statute emphasises that the International Criminal Court established under it is to be complementary to national criminal jurisdictions.(5) All Member States of the European Union have either signed or ratified the Rome Statute.(6) The investigation and prosecution of, and exchange of information on, genocide, crimes against humanity and war crimes is to remain the responsibility of national authorities, except as affected by international law.(7) Member States are being confronted with persons who were involved in such crimes and are seeking refuge within the European Union's frontiers.(8) The successful outcome of effective investigation and prosecution of such crimes at national level depends to a high degree on close cooperation between the various authorities involved in combating them.(9) It is essential that the relevant authorities of the States Parties to the Rome Statute, including the Member States of the European Union, cooperate closely in this connection.(10) Close cooperation will be enhanced if the Member States make provision for direct communication between centralised, specialised contact points.(11) Close cooperation between such contact points may provide a more complete overview of persons involved in such crimes, including the question of in which Member States they are the subject of investigation.(12) The Member States, in Council Common Position 2001/443/CFSP of 11 June 2001 on the International Criminal Court(2), have expressed that the crimes within the jurisdiction of the International Criminal Court are of concern for all Member States, which are determined to cooperate for the prevention of those crimes and for putting an end to the impunity of the perpetrators thereof.(13) This Decision does not affect any convention, agreement or arrangement regarding mutual assistance in criminal matters between judicial authorities,HAS DECIDED AS FOLLOWS:Article 1Designation and notification of contact points1. Each Member State shall designate a contact point for the exchange of information concerning the investigation of genocide, crimes against humanity and war crimes such as those defined in Articles 6, 7 and 8 of the Rome Statute of the International Criminal Court of 17 July 1998.2. Each Member State shall notify the General Secretariat of the Council in writing of its contact point within the meaning of this Decision. The General Secretariat shall ensure that this notification is passed on to the Member States, and inform the Member States of any changes in these notifications.Article 2Collection and exchange of information1. Each contact point's task shall be to provide on request, in accordance with the relevant arrangements between Member States and applicable national law, any available information that may be relevant in the context of investigations into genocide, crimes against humanity and war crimes as referred to in Article 1(1), or to facilitate cooperation with the competent national authorities.2. Within the limits of the applicable national law, contact points may exchange information without a request to that effect.Article 3Informing the European ParliamentThe Council will inform the European Parliament of the functioning and effectiveness of the European network of contact points in the context of the annual debate held by the European Parliament pursuant to Article 39 of the Treaty.Article 4ImplementationMember States shall ensure that they are able to cooperate fully in accordance with the provisions of this Decision at the latest one year after this Decision takes effect.Article 5Taking effectThis Decision shall take effect on the date of its adoption.Done at Luxembourg, 13 June 2002.For the CouncilThe PresidentM. Rajoy Brey(1) OJ C 295, 20.10.2001, p. 7.(2) Opinion delivered on 9 April 2002 (not yet published in the Official Journal).