title: 2014/649/EU: Council Decision of 8 September 2014 appointing a German member of the European Economic and Social Committee

text:
               9.9.2014

               EN

               Official Journal of the European Union

               L 268/7

         COUNCIL DECISION
   of 8 September 2014
   appointing a German member of the European Economic and Social Committee

      (2014/649/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
   Having regard to the proposal of the German Government,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).

               (2)

               A member's seaton the European Economic and Social Committee has become vacant following the end of the term of office of Mr Armin DUTTINE,

         HAS ADOPTED THIS DECISION:
   Article 1
   Ms Tanja BUZEK, Gewerkschaftssekretärin, EU-Verbindungsbüro der Vereinigten Dienstleistungsgewerkschaft — ver.di is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 8 September 2014.

            For the Council

            The President

         S. GOZI

      (1)  OJ L 251, 25.9.2010, p. 8.


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31994D0114

94/114/ECSC, EC, Euratom: Council Decision of 7 February 1994 approving the Decision of the European Parliament on the regulations and general conditions governing the performance of the Ombudsman's duties

Official Journal L 054 , 25/02/1994 P. 0025 - 0025 Finnish special edition: Chapter 1 Volume 3 P. 0106  Swedish special edition: Chapter 1 Volume 3 P. 0106

COUNCIL DECISION of 7 February 1994 approving the Decision of the European Parliament on the regulations and general conditions governing the performance of the Ombudsman's duties (94/114/ECSC, EC, Euratom)THE COUNCIL OF THE EUROPEAN  UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 138e (4) thereof,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 20d (4) thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 107d (4) thereof,  Having regard to the opinion of the Commission,  Having regard to the Decision of the European Parliament of 17 November 1993,  HAS ADOPTED THIS REGULATION:   Article 1  The draft Decision of the European Parliament of 17 November 1993 on the regulations and general conditions governing the performance of the Ombudsman's duties is hereby approved.   Article 2  This Decision shall be notified to the European Parliament and published in the Official Journal of the European Communities.  Done at Brussels, 7 February 1994.  For the Council The President Th. PANGALOS


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42000Y0413(01)

Council Decision of 27 March 2000 authorising the Director of Europol to enter into negotiations on agreements with third States and non-EU related bodies

Official Journal 106 , 13/04/2000 P. 0001 - 0002

Council Decisionof 27 March 2000authorising the Director of Europol to enter into negotiations on agreements with third States and non-EU-related bodies(2000/C 106/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Article 42(2), Article 10(4) and Article 18 of the Convention on the establishment of a European Police Office (Europol Convention)(1),Having regard to the Council Act of 3 November 1998 laying down the Rules governing Europol's external relations with third States and non-European Union-related bodies, and in particular Article 2 of those Rules(2),Having regard to the Council Act of 3 November 1998 laying down the Rules concerning the receipt of information by Europol from third parties, and in particular Article 2 of those Rules(3),Having regard to the Council Act of 12 March 1999 adopting the Rules governing the transmission of personal data by Europol to third States and third bodies, and in particular Articles 2 and 3 of those Rules(4),Whereas:(1) The effectiveness of combating organised forms of criminality through Europol may be further enhanced by appropriate relations between Europol and third States and bodies.(2) This Decision authorises the Director of Europol to enter into negotiations with a first group of third States and non-European Union-related bodies selected according to operational requirements and the need to combat in an effective way organised forms of criminality through Europol.(3) This Decision does not preclude the Council from adding in a subsequent decision further third States and non-European Union-related bodies.(4) The Council made a declaration on Article 42 of the Europol Convention according to which Europol should as a matter of priority establish relations with the competent bodies of those States with which the European Communities and their Member States have established a structured dialogue.(5) The Director of Europol may only enter into negotiations concerning the transmission of personal data once the Council is satisfied that there are no obstacles to the start of such negotiations, taking account of the laws and administrative practice in the field of data protection in the third State or non-European Union-related body concerned,HAS DECIDED AS FOLLOWS:Article 11. Under the conditions set out in this Decision, the Director of Europol shall be authorised to enter into negotiations with the third States and non-European Union-related bodies mentioned in Article 2.2. In so far as it is intended to exchange personal data, the agreements to be negotiated shall contain provisions concerning the receipt of the data by Europol, the type of data to be transmitted and the purpose for which the data are to be transmitted or used, and must ensure full compliance with all relevant provisions of the Europol Convention and its implementing regulations in this respect.3. In so far as it is intended to exchange information subject to the requirement of confidentiality, the agreements shall contain provisions concerning confidentiality in line with Article 18(6) of the Europol Convention.4. The agreements may contain provisions on the secondment of liaison officers from third countries and third bodies to Europol and, where necessary, on the secondment of liaison officers from Europol.5. However, when an agreement including the transmission of personal data by Europol to third States and non-European Union-related bodies is envisaged, the Director of Europol may only start negotiations after the Council decides, acting unanimously, on the basis of a report to be submitted to it by the Europol Management Board, that no obstacles exist to start such negotiations. The Management Board shall consult the Joint Supervisory Body on these reports. In reaching the decision on the start of negotiations the Council shall take into account Article 2(2) and Article 3(3) of the Rules governing the transmission of personal data by Europol to third States and third bodies.Article 21. Subject to the human and financial resources available at Europol, negotiations shall be entered into with the following third States and non-European Union-related bodies:Third States (in alphabetical order):- Bolivia- Bulgaria- Canada- Colombia- Cyprus- Czech Republic- Estonia- Hungary- Iceland- Latvia- Lithuania- Malta- Morocco- Norway- Peru- Poland- Romania- Russian Federation- Slovakia- Slovenia- Switzerland- Turkey- United States of America.Non-European Union-related bodies (in alphabetical order):- ICPO-Interpol- UNDCP (United Nations Drugs Control Programme)- World Customs Organisation.2. The Management Board shall, when considering its position under Article 3(1) of this Decision, decide on the prioritisation of the negotiations, taking account of the Council's declaration on Article 42 of the Europol Convention.Article 31. Without prejudice to Article 1(5), Europol shall enter into the negotiations envisaged in this Decision as soon as the Management Board is satisfied that such negotiations have been adequately prepared. The Management Board may provide the Director of Europol with any such further instructions concerning the negotiations as it considers necessary.2. The Management Board shall be informed permanently of the state of the negotiations. A progress report shall be submitted to the Board every six months, the first one to be presented before 1 January 2001.Article 41. This Decision shall be published in the Official Journal.2. This Decision shall enter into force on the day following that of its adoption.Done at Brussels, 27 March 2000.For the CouncilThe PresidentF. Gomes(1) OJ C 316, 27.11.1995, p. 2.(2) OJ C 26, 30.1.1999, p. 19.(3) OJ C 26, 30.1.1999, p. 17.(4) OJ C 88, 30.3.1999, p 1.


title: 2009/196/EC: Decision of the European Parliament of 22 April 2008 on discharge in respect of the implementation of the European Union general budget for the financial year 2006, section IX — European Data Protection Supervisor

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 88/90

         DECISION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   on discharge in respect of the implementation of the European Union general budget for the financial year 2006, section IX — European Data Protection Supervisor
   (2009/196/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2006 (1),
   having regard to the final annual accounts of the European Communities for the financial year 2006 — Volume I (C6-0370/2007) (2),
   having regard to the European Data Protection Supervisor's annual report to the discharge authority on internal audits carried out in 2006,
   having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2006 and the Court of Auditors' special reports, together with the audited institutions' replies (3),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (4),
   having regard to Articles 272(10), 274, 275 and 276 of the EC Treaty,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A6-0094/2008),

               1.

               Grants the European Data Protection Supervisor discharge in respect of the implementation of its budget for the financial year 2006;

               2.

               Sets out its observations in the Resolution below;

               3.

               Instructs its President to forward this Decision and the Resolution that forms an integral part of it to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Ombudsman and the European Data Protection Supervisor, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ L 78, 15.3.2006.

      (2)  OJ C 274, 15.11.2007, p. 1.

      (3)  OJ C 273, 15.11.2007, p. 1.

      (4)  OJ C 274, 15.11.2007, p. 130.

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

               31.3.2009

               EN

               Official Journal of the European Union

               L 88/91

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   with observations forming an integral part of the decision on the discharge in respect of the implementation of the European Union general budget for the financial year 2006, section IX — European Data Protection Supervisor
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2006 (1),
   having regard to the final annual accounts of the European Communities for the financial year 2006 — Volume I (C6-0370/2007) (2),
   having regard to the European Data Protection Supervisor's annual report to the discharge authority on internal audits carried out in 2006,
   having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2006 and the Court of Auditors' special reports, together with the audited institutions' replies (3),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (4),
   having regard to Articles 272(10), 274, 275 and 276 of the EC Treaty,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A6-0094/2008),

               1.

               Notes that in 2006 the European Data Protection Supervisor (EDPS) had available commitment appropriations amounting to a total of EUR 4 138 378 (2005: EUR 2 840 733), with a utilisation rate of 93,3 %;

               2.

               Notes that the audit of the EDPS by the European Court of Auditors did not give rise to any material observations as regards the EDPS; notes that, following the introduction of accrual accounting with effect from 1 January 2005, the EDPS' 2006 financial statements disclose a negative economic out-turn for the year (EUR 1 402 513) and identical totals of assets and liabilities (EUR 23 517);

               3.

               Notes that on 7 December 2006 the administrative cooperation agreement between the Secretaries-General of the Commission, Parliament and the Council, signed together with the EDPS, was renewed for a further period of three years with effect from 16 January 2007;

               4.

               Notes that, based on the abovementioned cooperation agreement, the administrative handling of all EDPS missions is ensured by the Paymaster's Office of the Commission and the same internal rules apply to the reimbursement of accommodation costs incurred on mission for its two categories, its two Members and staff;

               5.

               Notes with satisfaction that the processes of ex-post prior checking and issuing final opinions by the EDPS have well advanced and that the deadline of spring 2007 imposed by the EDPS has triggered institutions and bodies to increase their efforts to fulfil their notification obligation;

               6.

               Notes that by decision of 7 November 2006 the EDPS decided to set up an internal control structure appropriate to its activities and requirements;

               7.

               Welcomes the publication by the EDPS and the Assistant EDPS, every year, of a declaration of their financial interests, in a form similar to that filled in annually by Members of the European Parliament, containing relevant information on such things as declarable professional activities and remunerated posts or activities;

               8.

               Congratulates the EDPS on its decision of 12 September 2007 to accede to the Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council and the Commission concerning internal investigations by the European Anti-Fraud Office (OLAF) (6) in applying the system set up by Regulation (EC) No 1073/1999 (7).

      (1)  OJ L 78, 15.3.2006.

      (2)  OJ C 274, 15.11.2007, p. 1.

      (3)  OJ C 273, 15.11.2007, p. 1.

      (4)  OJ C 274, 15.11.2007, p. 130.

      (5)  OJ L 248, 16.9.2002, p. 1.

      (6)  OJ L 136, 31.5.1999, p. 15.

      (7)  Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (OJ L 136, 31.5.1999, p. 1).


title: Council Decision 2011/357/CFSP of 20 June 2011 amending Decision 2010/639/CFSP concerning restrictive measures against certain officials of Belarus

text:
               21.6.2011

               EN

               Official Journal of the European Union

               L 161/25

         COUNCIL DECISION 2011/357/CFSP
   of 20 June 2011
   amending Decision 2010/639/CFSP concerning restrictive measures against certain officials of Belarus
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 25 October 2010, the Council adopted Decision 2010/639/CFSP concerning restrictive measures against certain officials of Belarus (1).

               (2)

               In view of the gravity of the situation in Belarus, additional restrictive measures should be imposed.

               (3)

               Moreover, additional persons and entities should be included in the list of persons subject to restrictive measures as set out in Annex IIIA to Decision 2010/639/CFSP.

               (4)

               Decision 2010/639/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/639/CFSP is hereby amended as follows:

               1.

               The title of Decision 2010/639/CFSP is replaced by the following:

               2.

               The following Articles are inserted:
               ‘Article 3a
               1.   The sale, supply, transfer or export of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, as well as equipment which might be used for internal repression, to Belarus by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft, shall be prohibited whether originating or not in their territories.
               2.   It shall be prohibited to:

                           (a)

                           provide, directly or indirectly, technical assistance, brokering services or other services related to the items referred to in paragraph 1 or related to the provision, manufacture, maintenance and use of such items, to any natural or legal person, entity or body in, or for use in, Belarus;

                           (b)

                           provide, directly or indirectly, financing or financial assistance related to the items referred to in paragraph 1, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering services or other services to any natural or legal person, entity or body in, or for use in, Belarus;

                           (c)

                           participate, knowingly and intentionally, in activities, the object or effect of which is to circumvent the prohibitions referred to in points (a) or (b).

                     Article 3b
               1.   Article 3a shall not apply to the:

                           (a)

                           sale, supply, transfer or export of non-lethal military equipment or of equipment which might be used for internal repression, intended solely for humanitarian or protective use, or for institution building programmes of the United Nations (UN) and the Union, or for EU and UN crisis management operations;

                           (b)

                           sale, supply, transfer or export of non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for protective use of personnel of the Union and its Member States in Belarus;

                           (c)

                           provision of technical assistance, brokering services and other services related to such equipment or to such programmes and operations;

                           (d)

                           provision of financing and financial assistance related to such equipment or to such programmes and operations,

                     on condition that such exports and assistance have been approved in advance by the relevant competent authority.
               2.   Article 3a shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Belarus by UN personnel, personnel of the Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.’.

         Article 2
   The persons and entities listed in the Annex to this Decision shall be added to the list set out in Annex IIIA to Decision 2010/639/CFSP.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 20 June 2011.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 280, 26.10.2010, p. 18.

      ANNEX

         Persons and entities referred to in Article 2

      A.   Persons

                  Names
                  Transcription of Belarusian spelling
                  Transcription of Russian spelling

                  Names
                  (Belarusian spelling)

                  Names
                  (Russian spelling)

                  Place and date of birth, other identifying information
                  (passport number, …)

                  Reasons

                  1

                  Andrey Kazheunikau
                  Andrey Kozhevnikov

                  Андрэй Кажэўнiкаў

                  Андрей Кожевников

                  Public prosecutor of the case against ex-presidential candidates Vladimir Neklyaev, Vitaly Rimashevsky, members of Neklyaev’s campaign team Andrei Dmitriev, Aleksandr Feduta and Sergei Vozniak, as well as Young Front deputy chairperson Anastasia Polozhanka. The accusation presented by him had a clear political motivation and it was a clear violation of the Code of Penal Procedure. It was based on wrong classification of the events of 19 December 2010, not sustained by evidence, proofs and testimonies of witnesses.

                  2

                  Grachova, Liudmila
                  (Grachova, Ludmila; Grachova Lyudmila)
                  Gracheva Liudmila
                  (Gracheva Lyudmila; Grachiova Ludmila)

                  Грачова Людмiла

                  Грачева Людмила

                  Judge of the Leninski District Court of Minsk. She dealt with the case of ex-presidential candidates Nikolai Statkevich and Dmitri Uss, as well as political and civil society activists Andrei Pozniak, Aleksandr Klaskovski, Aleksandr Kvetkevich, Artiom Gribkov and Dmitri Bulanov. Her way of conducting the trial was a clear violation of the Code of Penal Procedure. She sustained the use of evidence and testimonies irrelevant to the accused persons.

                  3

                  Chubkavets Kiril
                  Chubkovets Kirill

                  Чубкавец Кiрыл

                  Чубковец Кирилл

                  Public prosecutor of the case against ex-presidential candidates Nikolai Statkevich and Dmitri Uss, as well as political and civil society activists Andrei Pozniak, Aleksandr Klaskovski, Aleksandr Kvetkevich, Artiom Gribkov and Dmitri Bulanov. The accusation presented by him had a clear political motivation and it was a clear violation of the Code of Penal Procedure. It was based on wrong classification of the events of 19 December 2010, not sustained by evidence, proofs and testimonies of witnesses.

                  4

                  Peftiev Vladimir
                  Peftiev Vladimir Pavlovich

                  Пефцiеў Уладзiмiр Паўлавiч

                  Пефтиев Владимир Павлович

                  Born on 1 July 1957 in the town of Berdyansk, Zaporozhskaya Oblast, Ukraine
                  Present passport No.: MP2405942

                  Person associated with President Lukashenko and his family. Chief economic advisor of President Lukashenko and key financial sponsor of the Lukashenko regime. Chairman of the Council of Shareholders of Beltechexport, the largest export/import company of defence products in Belarus

      B.   Entities

                  Names
                  Transcription of Belarusian spelling
                  Transcription of Russian spelling

                  Names
                  (Belarusian spelling)

                  Names
                  (Russian spelling)

                  Identifying information

                  Reasons

                  1

                  Beltechexport

                  „ЗАО Белтехэкспорт“

                              Republic of Belarus,

                              220012, Minsk,

                              Nezavisimost ave., 86-B

                              Tel: (+375 17) 263-63-83,

                              Fax: (+375 17) 263-90-12

                  Entity controlled by Mr. Peftiev Vladimir

                  2

                  Sport-Pari
                  (Operator of the Republican Lottery company)

                  „ЗАО Спорт-пари“ (оператор республиканской лотереи)

                  Entity controlled by Mr. Peftiev Vladimir

                  3

                  Private Unitary Enterprise (PUE) BT Telecommunications

                  частное унитарное предприятие ЧУП „БТ Телекоммуникации“

                  Entity controlled by Mr. Peftiev Vladimir


title: Decision (EU) 2016/1478 of the European Parliament of 28 April 2016 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014, Section VII — Committee of the Regions

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/151

         DECISION (EU) 2016/1478 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014, Section VII — Committee of the Regions
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2014 (1),

               —

               having regard to the consolidated annual accounts of the European Union for the financial year 2014 (COM(2015)0377 — C8-0205/2015) (2),

               —

               having regard to the Court of Auditors’ annual report on the implementation of the budget concerning the financial year 2014, together with the institutions’ replies (3),

               —

               having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Articles 55, 99, 164, 165 and 166 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A8-0132/2016),

               1.

               Grants the Secretary-General of the Committee of the Regions discharge in respect of the implementation of the budget of the Committee of the Regions for the financial year 2014;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision and the resolution forming an integral part of it to the Committee of the Regions, the European Council, the Council, the Commission and the Court of Auditors, the European Ombudsman, the European Data Protection Supervisor and the European External Action Service, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 51, 20.2.2014.

      (2)  OJ C 377, 13.11.2015, p. 1.

      (3)  OJ C 373, 10.11.2015, p. 1.

      (4)  OJ C 377, 13.11.2015, p. 146.

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


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32003D0846

2003/846/EC: Commission Decision of 5 December 2003 conferring management of aid implementing agencies for pre-accession measures in agriculture and rural development in Romania in the pre-accession period

Official Journal L 321 , 06/12/2003 P. 0062 - 0063

Commission Decisionof 5 December 2003conferring management of aid implementing agencies for pre-accession measures in agriculture and rural development in Romania in the pre-accession period(2003/846/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1266/1999 of 21 June 1999 on coordinating aid to the applicant countries in the framework of the pre-accession strategy and amending Regulation (EEC) No 3906/89(1), and in particular Article 12(2) thereof,Having regard to Council Regulation (EC) No 1268/1999 of 21 June 1999 on Community support for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the pre-accession period(2), and in particular Article 4(5) and (6) thereof,Whereas:(1) The special programme for agriculture and rural development for Romania (hereinafter Sapard) was approved by Commission decision of 12 December 2000(3), as last amended by Commission decision of 1 August 2003, in accordance with Article 4(5) and (6) of Regulation (EC) No 1268/1999.(2) The Government of Romania and the Commission, acting on behalf of the European Community, signed on 2 February 2001 the Multiannual Financing Agreement laying down the technical, legal and administrative framework for the execution of Sapard, as last amended by the Annual Financing Agreement for 2002, signed on 1 April 2003, which finally entered into force on 12 May 2003.(3) The Sapard Agency, a public institution with legal status, under the responsibility of the Ministry of Agriculture, Forests, Waters and Environment, has been appointed by the competent authority of Romania for the implementation of some of the measures defined in Sapard. The National Fund Department within the Ministry of Public Finance has been appointed for the financial functions it is due to perform in the framework of the implementation of Sapard.(4) On the basis of a case-by-case analysis of the national and sectorial programme/project management capacity, financial control procedures and structures regarding public finance, as provided for in Article 12(2) of Regulation (EC) No 1266/1999, the Commission adopted Decision 2002/638/EC of 31 July 2002 conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in Romania in the pre-accession period(4) with regard to certain measures provided for in Sapard.(5) The Commission has undertaken a further analysis pursuant to Article 12(2) of Regulation (EC) No 1266/1999 in respect of measure 3.1 "Investment in agricultural holdings", measure 3.4 "Development and diversification of economic activities, multiple activities, alternative income" and measure 4.1 "Improving of vocational training" as provided for in Sapard. The Commission considers that, also with regard to those measures, Romania complies with the provisions of Articles 4 to 6 and of the Annex to Commission Regulation (EC) No 2222/2000 of 7 June 2000 laying down financial rules for the application of Council Regulation (EC) No 1268/1999 on Community support for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the pre-accession period(5), and with the minimum conditions set out in the Annex to Regulation (EC) No 1266/1999.(6) It is therefore appropriate to waive the ex ante approval requirement referred to in Article 12(1) of Regulation (EC) No 1266/1999 and to confer, with regard to measures 3.1, 3.4 and 4.1, on the Sapard Agency and on the Ministry of Public Finance, National Fund, in Romania the management of aid on a decentralised basis.(7) However, since the verifications carried out by the Commission for measures 3.1, 3.4 and 4.1 are based on a system that is not yet fully operating with regard to all relevant elements, it is therefore appropriate to confer the management of the Sapard programme on the Sapard Agency and on the Ministry of Public Finance, National Fund, according to Article 3(2) of Regulation (EC) No 2222/2000, on a provisional basis.(8) Full conferral of management of the Sapard is only envisaged after further verifications have been carried out in order to ensure that the system operates satisfactorily, and after any recommendations the Commission may issue with regard to the conferral of management of aid on the Sapard Agency, under the responsibility of the Ministry of Agriculture, Forests, Waters and Environment and on the Ministry of Public Finance, National Fund, have been implemented.(9) On 22 July 2003 the Romanian authorities proposed the rules for eligibility of expenditure in accordance with Article 4(1) of Section B of the Multiannual Financing Agreement. This list was partially modified by letter dated 22 September 2003. The Commission is called upon to take a decision in this respect,HAS DECIDED AS FOLLOWS:Article 1The requirement of ex ante approval by the Commission of project selection and contracting for measures 3.1, 3.4 and 4.1 by Romania provided for in Article 12(1) of Regulation (EC) No 1266/1999 is hereby waived.Article 2Management of the Sapard Programme is conferred on a provisional basis to:1. The Sapard Agency under the Ministry of Agriculture, Forests, Waters and Environment of Romania, Negustori Street 1 B, Sector 2, Bucharest, for the implementation of measure 3.1 "Investment in agricultural holdings", measure 3.4 "Development and diversification of economic activities, multiple activities, alternative income" and measure 4.1 "Improving of vocational training" as defined in the programme for agriculture and rural development that was approved by Commission Decision C(2000) 3742 final on 12 December 2000, as last amended by the Commission decision adopted on 1 August 2003.2. The National Fund within the Ministry of Public Finance, Apolodor Street 17, Sector 5, RO 70663 Bucharest, for the financial functions it is due to perform in the framework of the implementation of the Sapard programme for measures 3.1, 3.4 and 4.1 for Romania.Article 3Expenditure pursuant to this Decision shall be eligible for Community co-financing only if incurred by beneficiaries from the date of this Decision, or, if later, the date of the instrument making them a beneficiary for the project in question, except for feasibility and related studies, where this date shall be 12 December 2000, provided in all cases it has not been paid by the Sapard Agency prior to the date of this Decision.Article 4Without prejudice to any decisions granting aid under Sapard to individual beneficiaries, the rules for eligibility of expenditure proposed by Romania by letter No 1015 of 22 July 2003 and, registered in the Commission under No 19976, as modified by letter No 11012 of 22 September 2003 and registered in the Commission under No 26843, shall apply.Done at Brussels, 5 December 2003.For the CommissionFranz FischlerMember of the Commission(1) OJ L 161, 26.6.1999, p. 68.(2) OJ L 161, 26.6.1999, p. 87. Regulation as last amended by Regulation (EC) No 696/2003 (OJ L 99, 17.4.2003, p. 24).(3) C(2000) 3742 final.(4) OJ L 206, 3.8.2002, p. 31.(5) OJ L 253, 7.10.2000, p. 5. Regulation as last amended by Regulation (EC) No 188/2003 (OJ L 27, 1.2.2003, p. 14).


Avis juridique important

|

32000D0457

2000/457/CFSP: Council Decision of 20 July 2000 implementing Common Position 1999/691/CFSP on support to democratic forces in the Federal Republic of Yugoslavia (FRY)

Official Journal L 183 , 22/07/2000 P. 0004 - 0004

Council Decisionof 20 July 2000implementing Common Position 1999/691/CFSP on support to democratic forces in the Federal Republic of Yugoslavia (FRY)(2000/457/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union and, in particular, Article 23(2) thereof,Having regard to Common Position 1999/691/CFSP, adopted by the Council on 22 October 1999, on support to democratic forces in the Federal Republic of Yugoslavia (FRY)(1), and in particular Article 1 thereof,Whereas:(1) In accordance with Article 1 of Common Position 1999/691/CFSP, the European Union undertook actively to support all forces in the FRY which demonstrate their full commitment to democratic values; in that connection, the Council adopted Decision 2000/82/CFSP(2) implementing that Common Position with regard to the "Energy for Democracy" initiative.(2) It is appropriate to support certain Serbian democratic municipalities by delivering asphalt to them; deliveries of asphalt fall within the framework of the "Energy for Democracy" initiative; given that asphalt is a product derived from oil, delivery thereof serves a policy objective which is identical to that of the said initiative and the beneficiaries are chosen according to the same criteria.(3) It is also necessary to take a decision on the municipalities to which the said initiative will be extended.(4) Subsequent action by the Community is needed in order to implement the measure cited below,HAS DECIDED AS FOLLOWS:Article 1Within the framework of the support to democratisation in the FRY referred to in Article 1 of Common Position 1999/691/CFSP, the supply, sale or export of petroleum and petroleum products shall be authorised for the following Serbian municipalities: Cacak, Pancevo, Uzice, Kikinda, Arilje, Pozega, Presevo and Sabac.Article 2This Decision shall take effect on the date of its adoption.Article 3This Decision is published in the Official Journal.Done at Brussels, 20 July 2000.For the CouncilThe PresidentF. Parly(1) OJ L 273, 23.10.1999, p. 1.(2) OJ L 26, 2.2.2000, p. 1.


title: 2010/441/CFSP: Council Decision 2010/441/CFSP of 11 August 2010 extending the mandate of the European Union Special Representative to the African Union

text:
               12.8.2010

               EN

               Official Journal of the European Union

               L 211/23

         COUNCIL DECISION 2010/441/CFSP
   of 11 August 2010
   extending the mandate of the European Union Special Representative to the African Union
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 28, 31(2) and 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 6 December 2007, the Council adopted Joint Action 2007/805/CFSP (1) appointing Mr Koen VERVAEKE as European Union Special Representative (hereinafter the EUSR) to the African Union (AU).

               (2)

               On 1 December 2008, the Council adopted Joint Action 2008/898/CFSP (2) extending the mandate of the EUSR until 28 February 2010.

               (3)

               On 25 February 2010, the Council adopted Decision 2010/119/CFSP (3) amending the mandate of the EUSR and extending it until 31 August 2010.

               (4)

               The mandate of the EUSR should be extended until 31 August 2011. However, the mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter the HR) following the entry into force of the Decision establishing the European External Action Service.

               (5)

               The EUSR is to implement his mandate in the context of a situation which may deteriorate and could harm the objectives of the Common Foreign and Security Policy, as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   The mandate of Mr Koen VERVAEKE as EUSR to the AU is hereby extended until 31 August 2011. The mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the HR following the entry into force of the Decision establishing the European External Action Service.
   Article 2
   Policy objectives
   The mandate of the EUSR shall be based on the EU’s comprehensive policy objectives in support of African efforts to build a peaceful, democratic and prosperous future as set out in the EU Africa Strategy. These objectives include:

               (a)

               enhancing the EU’s political dialogue and broader relationship with the AU;

               (b)

               strengthening the EU-AU partnership in all areas outlined in the EU Africa Strategy, contributing to the development and implementation of the EU Africa Strategy in partnership with the AU, respecting the principle of African ownership and working more closely with African representatives in multilateral forums in coordination with multilateral partners;

               (c)

               working with, and providing support to the AU by supporting institutional development and strengthening the relationship between EU and AU Institutions, including through development assistance, to promote:
               —   peace and security: predict, prevent, manage, mediate and resolve conflict, support efforts to promote peace and stability, support post-conflict reconstruction,
               —   human rights and governance: promote and protect human rights; promote fundamental freedoms and respect for the rule of law; support, through political dialogue and financial and technical assistance, African efforts to monitor and improve governance; support growth of participatory democracy and accountability; support the fight against corruption and organised crime and further promote efforts to address the issue of children and armed conflict in all its aspects,
               —   sustainable growth, regional integration and trade: support efforts towards interconnectivity and facilitate people’s access to water and sanitation, energy and information technology; promote a stable, efficient and harmonised legal business framework; assist to integrate Africa into the world trade system, assist African countries to comply with EU rules and standards; support Africa in countering the effects of climate change,
               —   investment in people: support efforts in the fields of gender, health, food security and education, promote exchange programmes, networks of universities and centres of excellence, address the root causes of migration.

         Furthermore, the EU will play a key role in implementing the EU-Africa Joint Strategy intended to further develop and consolidate the strategic partnership between Africa and the EU.
   Article 3
   Mandate
   In order to achieve the Common Foreign and Security Policy (CFSP)/European Security and Defence Policy (ESDP) aspects of the objectives referred to in Article 2, the mandate of the EUSR shall be to:

               (a)

               strengthen the overall EU influence in, and coordination of, the Addis Ababa-based dialogue with the AU and its Commission, on the whole range of CFSP/ESDP issues covered by the EU-AU relationship;

               (b)

               ensure an appropriate level of political representation, reflecting the importance of the EU as a political, financial and institutional partner of the AU, and the step-change in that partnership necessitated by the growing political profile of the AU on the world stage;

               (c)

               represent, should the Council so decide, EU positions and policies, when the AU plays a major role in a crisis situation for which no EUSR has been appointed;

               (d)

               help achieve better coherence, consistency and coordination of EU policies and actions towards the AU, and contribute to enhance coordination of the broader partner group and its relation with the AU;

               (e)

               follow closely, and report on, all relevant developments at AU level;

               (f)

               maintain close contact with the AU Commission, other AU organs, missions of African sub-regional organisations to the AU and the missions of the AU Member States to the AU;

               (g)

               facilitate the relations and cooperation between the AU and African sub-regional organisations, especially in those areas where the EU is providing support;

               (h)

               offer advice and provide support to the AU upon request in the areas outlined in the EU Africa Strategy;

               (i)

               offer advice and provide support to the building up of the AU’s crisis management capabilities;

               (j)

               on the basis of a clear division of tasks, coordinate with, and support, the actions of EUSRs with mandates in AU Member States/regions; and

               (k)

               maintain close contacts and promote coordination with key international partners of the AU present in Addis Ababa, especially the United Nations, but also with non-State actors on the whole range of the CFSP/ESDP issues covered by the EU-AU relationship.

         Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate acting under the authority of the HR.
   2.   The Political and Security Committee (hereinafter the PSC) shall maintain a privileged link with the EUSR and shall be the EUSR’s primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 September 2010 to 31 August 2011 shall be EUR 1 280 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   Within the limits of his mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of his team.
   2.   Member States and Union institutions may propose the secondment of staff to work with the EUSR. The salary of personnel who are seconded by a Member State or Union institution to the EUSR shall be covered by the EU Member State or institution concerned, respectively. Experts seconded by Member States to the General Secretariat of the Council may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State or Union institution and shall carry out their duties and act in the interest of the mandate of the EUSR.
   Article 7
   Privileges and immunities of the EUSR and his staff
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of his staff shall be agreed with the host party/parties, as appropriate. Member States and the Commission shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   The EUSR and the members of his team shall respect the security principles and minimum standards established by Council Decision 2001/264/EC of 19 March 2001 adopting the Council’s security regulations (4), in particular when managing EU classified information.
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegation and/or Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   The EUSR shall, in accordance with the Union’s policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, take all reasonably practicable measures, in conformity with his mandate and on the basis of the security situation in his geographical area of responsibility, for the security of all personnel under his direct authority, notably by:

               (a)

               establishing a mission-specific security plan based on guidance from the General Secretariat of the Council, providing for mission-specific physical, organisational and procedural security measures, governing the management of the secure movement of personnel to, and within, the mission area, and the management of security incidents, and providing for a contingency plan and a mission evacuation plan;

               (b)

               ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;

               (c)

               ensuring that all members of his team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the General Secretariat of the Council;

               (d)

               ensuring that all agreed recommendations made following regular security assessments are implemented and providing the HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports.

         Article 11
   Reporting
   The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report as necessary to Council working parties. Regular written reports shall be circulated through the COREU network. Upon recommendation of the HR or the PSC, the EUSR may provide the Foreign Affairs Council with reports.
   Article 12
   Coordination
   1.   The EUSR shall promote overall Union political coordination. He shall help ensure that all Union instruments in the field are engaged coherently to attain the Union’s policy objectives. The activities of the EUSR shall be coordinated with those of the Commission, as well as those of other EUSRs active in the region as appropriate. The EUSR shall provide Member States’ missions and the Union’s delegations with regular briefings.
   2.   In the field, close liaison shall be maintained with the Heads of the Union delegations and Member States’ Heads of Mission who shall make best efforts to assist the EUSR in the implementation of the mandate. The EUSR shall also liaise with other international and regional actors in the field.
   Article 13
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the HR, the Council and the Commission with a progress report at the end of February 2011 and a comprehensive mandate implementation report at the end of the mandate.
   Article 14
   Entry into force
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 11 August 2010.

            For the Council

            The President

         S. VANACKERE

      (1)  OJ L 323, 8.12.2007, p. 45.

      (2)  OJ L 322, 2.12.2008, p. 50.

      (3)  OJ L 49, 26.2.2010, p. 26.

      (4)  OJ L 101, 11.4.2001, p. 1.


title: 2012/567/EU: Decision of the European Parliament of 10 May 2012 on the closure of the accounts of the European Police College for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/167

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on the closure of the accounts of the European Police College for the financial year 2010
   (2012/567/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Police College for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Police College for the financial year 2010, together with the College’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

               —

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

               —

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

               —

               having regard to Council Decision 2005/681/JHA of 20 September 2005 establishing the European Police College (CEPOL) (3), and in particular Article 16 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

               having regard to Commission Decision C(2011) 4680 of 30 June 2011 granting consent to a derogation requested by the European Police College from Regulation (EC, Euratom) No 2343/2002,

               —

               having regard to the report of the European Police College of 12 July 2010 on the Reimbursement of Private Expenditure (10/0257/KA),

               —

               having regard to the external audit commissioned by the European Police College (Contract Ref. No CEPOL/2010/001) on the reimbursement of private expenditure,

               —

               having regard to the final report on the five-year external evaluation of the European Police College (Contract Ref. No CEPOL/CT/2010/002),

               —

               having regard to the Annual Activity Report 2009 of the Directorate-General for Justice, Freedom and Security,

               —

               having regard to the fourth progress report of the European Police College on the implementation of its Multi-Annual Action Plan (MAP) for 2010-2014,

               —

               having regard to the Court of Auditors’ report on the implementation of the European Police College MAP for 2010-2014,

               —

               having regard to the note of the Internal Audit Service (IAS) of 4 July 2011 (Ref. Ares (2011) 722479) on the third progress report on the implementation of the European Police College MAP for 2010-2014,

               —

               having regard to the report and annexes of the European Police College on the implementation of the European Parliament’s resolution on ‘2009 Discharge: European Police College’,

               —

               having regard to the report and annex of the European Police College on the application of its Procurement Manual for the period covering 1 July 2010–1 July 2011,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0119/2012),

               1.

               Approves the closure of the accounts of the European Police College for the financial year 2010;

               2.

               Instructs its President to forward this Decision to the Director of the European Police College, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 366, 15.12.2011, p. 134.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 256, 1.10.2005, p. 63.

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


title: Proposal for a decision on the setting up and numerical strength of the Delegation to the CARIFORUM-EU Parliamentary Committee European Parliament decision of 15 June 2010 on the setting up and numerical strength of the Delegation to the CARIFORUM-EU Parliamentary Committee

text:
               12.8.2011

               EN

               Official Journal of the European Union

               CE 236/159

         Tuesday 15 June 2010Proposal for a decision on the setting up and numerical strength of the Delegation to the CARIFORUM-EU Parliamentary Committee
   P7_TA(2010)0211
   European Parliament decision of 15 June 2010 on the setting up and numerical strength of the Delegation to the CARIFORUM-EU Parliamentary Committee
   2011/C 236 E/30

      The European Parliament,
   having regard to the Constituent Act of 29 December 2008 of the CARIFORUM-EU Parliamentary Committee,
   having regard to Rule 198 of its Rules of Procedure,

               1.

               Decides to set up a Delegation to the CARIFORUM-EU Parliamentary Committee;

               2.

               Decides that the numerical strength of the delegation shall be 15 full members;

               3.

               Decides that nine members shall be taken from the Committee on International Trade and six from the Committee on Development;

               4.

               Instructs its President to forward this decision to the Council and the Commission for information.


title: Appointment of a member of the Court of Auditors – Mr Ladislav Balko European Parliament decision of 25 March 2010 on the nomination of Ladislav Balko as a Member of the Court of Auditors (C7-0023/2010 – 2010/0811(NLE))

text:
               7.1.2011

               EN

               Official Journal of the European Union

               CE 4/68

         Thursday 25 March 2010Appointment of a member of the Court of Auditors – Mr Ladislav Balko
   P7_TA(2010)0079
   European Parliament decision of 25 March 2010 on the nomination of Ladislav Balko as a Member of the Court of Auditors (C7-0023/2010 – 2010/0811(NLE))
   2011/C 4 E/18
   (Consultation)

      The European Parliament,
   having regard to Article 286(2) of the Treaty on the Functioning of the EU, pursuant to which the Council consulted Parliament (C7-0023/2010),
   having regard to the fact that, at its meeting of 15 March 2010, the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors,
   having regard to Rule 108 of its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A7-0037/2010),

               A.

               whereas Ladislav Balko fulfils the conditions laid down in Article 286(1) of the Treaty on the Functioning of the EU,

               1.

               Delivers a favourable opinion on the nomination of Ladislav Balko as a Member of the Court of Auditors;

               2.

               Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.


title: 2006/344/EC: Council Decision of  14 March 2006  giving notice to Germany, in accordance with Article 104(9) of the Treaty establishing the European Community, to take measures for the deficit reduction judged necessary in order to remedy the situation of excessive deficit

text:
               13.5.2006

               EN

               Official Journal of the European Union

               L 126/20

      COUNCIL DECISION

   of 14 March 2006
   giving notice to Germany, in accordance with Article 104(9) of the Treaty establishing the European Community, to take measures for the deficit reduction judged necessary in order to remedy the situation of excessive deficit
   (2006/344/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 104(9) thereof,
   Having regard to the recommendation from the Commission pursuant to Article 104(9) of the Treaty,
   Whereas:

               (1)

               According to Article 104(1) of the Treaty, Member States are to avoid excessive government deficits.

               (2)

               The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation. The Stability and Growth Pact includes Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (1).

               (3)

               The Resolution of the Amsterdam European Council of 17 June 1997 on the Stability and Growth Pact (2) solemnly invites all parties, namely the Member States, the Council and the Commission, to implement the Treaty and the Stability and Growth Pact in a strict and timely manner.

               (4)

               By Decision 2003/89/EC (3), the Council decided, in accordance with Article 104(6) of the Treaty, that an excessive deficit existed in Germany.

               (5)

               In accordance with Article 104(7) of the Treaty and Article 3(4) of Regulation (EC) No 1467/97, the Council addressed a recommendation to Germany on 21 January 2003, calling on Germany to bring the excessive deficit to an end as rapidly as possible and by 2004 at the latest. The recommendation was made public. As stated in the Commission Communication of 14 December 2004, with which the Council concurred on 18 January 2005, in view of the unique circumstances created by the Council conclusions of 25 November 2003 and of the ruling of the European Court of Justice of 13 July 2004, the year 2005 should be considered to be the relevant deadline for the correction of the excessive deficit.

               (6)

               The general government deficit in Germany has been well above the 3 %-of-GDP Treaty reference value since 2002. The debt-to-GDP ratio has increased from below the 60 % of GDP Treaty reference value in 2001 to a projected 69 % of GDP in 2006.

               (7)

               According to data provided by Eurostat, the general government deficit in Germany amounted to 3,3 % of GDP in 2005. These data, pending a further assessment of their quality, are based upon a provisional notification from Germany pursuant to Regulation (EC) No 3605/93 of 22 November 1993 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (4), submitted to the Commission on 24 February 2006. Additionally, on the basis of information currently available, taking into account the budgetary plans adopted so far by the German government, the general government deficit will also remain above the Treaty reference value in 2006, which confirms that the excessive deficit has not been corrected.

               (8)

               According to Article 10(3) of Regulation (EC) No 1467/97, if actual data pursuant to Regulation (EC) No 3605/93 indicate that an excessive deficit has not been corrected by a participating Member State within the time limits specified in a recommendation issued under Article 104(7) of the Treaty, the Council shall immediately take a decision under Article 104(9) of the Treaty giving notice to the Member State to take, within a specified time limit, measures for the deficit reduction which is judged necessary by the Council in order to remedy the situation.

               (9)

               The Commission services’ autumn 2005 forecast projected the 2005 deficit at 3,9 % of GDP (5). On a no-policy-change basis, the Commission services’ forecast projected the deficit at 3,7 % and 3,3 % of GDP in 2006 and 2007 respectively. Real GDP growth was projected at 0,8 % in 2005, 1,2 % in 2006 and 1,6 % in 2007, with the output gap not fully closing over the forecast period. Against this background, and in view of the still fragile economic situation, the German government, following the elections on 18 September 2005, devised a strategy to bring the general government deficit below the Treaty reference value by 2007. The government began to implement this consolidation strategy in December 2005, with the adoption of the first measures foreseen therein. On 22 February 2006, the government adopted the draft federal budget for 2006 and, notably, also adopted the draft law to raise the central VAT rate from 16 % to 19 % as from 1 January 2007.

               (10)

               On 22 February 2006, the Federal Statistical Office released figures for GDP growth and the general government deficit in 2005, at 0,9 % and 3,3 % of GDP respectively. The difference with respect to the Commission services’ autumn forecast can be found to a large extent in better-than-expected revenues towards the end of 2005. The Commission services’ interim forecast, published on 21 February 2006, projects real GDP to grow by 1,5 % in 2006, which is slightly above the low potential growth rate. It should be noted that this projection is biased upwards by the expected pre-emptive response of domestic demand to the planned increase in the VAT rate. Taking into account the subsequent economic effects, GDP growth in 2007 is currently expected to be close to 1 %. In line with the above macroeconomic forecast, the nominal deficit is expected to stay slightly above 3 % of GDP in 2006, but to drop clearly below the reference value in 2007. After an improvement of slightly less than 0,5 % between 2004 and 2005, the structural deficit (i.e. the deficit in cyclically-adjusted terms, net of one-off and temporary measures) is projected by Commission services to remain broadly unchanged as a percentage of GDP between 2005 and 2006 and to narrow by at least 1 % of GDP in 2007.

               (11)

               The following factors should be taken into account in setting the deadline for the correction of the excessive deficit. First, the budgetary adjustment being implemented is embedded in a comprehensive strategy with the planned measures already well advanced in the adoption process, which reduces uncertainty regarding the effectiveness of the consolidation. These measures are of a structural nature and do not contain one-offs. Secondly, the limited effects in terms of reduction of the structural deficit expected in 2006 reflect, at least in part, the fact that some of the measures already implemented will produce results only with a lag. Thirdly, a structural adjustment of at least 1 % of GDP in 2006 and 2007 planned by the government can be considered as consistent with the SGP provisions, including the required annual improvement to the cyclically-adjusted balance net of one-off and temporary measures of at least 0,5 % of GDP as a benchmark. Based on the overall macroeconomic forecast outlined in recital 10, such an adjustment, which needs to be rigorously implemented, would be sufficient to correct the excessive deficit in a permanent and sustainable manner.

               (12)

               In the light of these factors, it appears that the excessive deficit should be corrected by 2007 at the latest. The benchmark 0,5 % of GDP annual improvement in the structural balance should be respected in cumulative terms in 2006 and 2007.

               (13)

               According to the second subparagraph of Article 104(9) of the Treaty, the Council may request Germany to submit reports in accordance with a specific timetable in order to examine the adjustment efforts made in order to comply with this Decision. Germany should submit a report to the Commission by 14 July 2006 at the latest, outlining the measures taken and planned to comply with this Decision. In particular, the report should include a budgetary assessment of the measures, quantifying their effects on the budgetary outcome in both 2006 and 2007, to correct the excessive deficit and analyse possible risks associated with the assumed macroeconomic scenario. The Commission will evaluate this report with a view to assessing progress made towards the correction of the excessive deficit. Germany should submit further reports in line with the deadlines for reporting government deficits and debt provided for by Article 4 of Regulation (EC) No 3605/93.

               (14)

               Adjustment measures should secure a lasting improvement in the general government balance. In order to ensure a sustained budgetary consolidation towards Germany’s medium-term objective of a balanced budget in structural terms, a reduction in the structural deficit of at least 0,5 % of GDP per year is necessary after the correction of the excessive deficit,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   Germany shall put an end to the present excessive deficit situation as rapidly as possible and at the latest by 2007.
   2.   In 2006 and 2007, Germany shall ensure a cumulative improvement in its cyclically-adjusted balance net of one-off and temporary measures of at least one percentage point.
   Article 2
   1.   Germany shall submit to the Commission, by 14 July 2006 at the latest, a report outlining the measures taken to comply with this Decision. The Commission will evaluate this report with a view to assessing progress made towards the correction of the excessive deficit.
   2.   Germany shall submit further reports to the Commission, by 1 October 2006, 1 April 2007, 1 October 2007 and 1 April 2008, examining progress made in complying with this Decision.
   Article 3
   Germany shall take the necessary measures to ensure that budgetary consolidation towards its medium-term objective of a balanced budget in structural terms is sustained through a reduction in the structural deficit of at least 0,5 % of GDP per year after the excessive deficit has been corrected.
   Article 4
   This Decision is addressed to the Federal Republic of Germany.

      Done at Brussels, 14 March 2006.

            For the Council

            The President

         K.-H. GRASSER

      (1)  OJ L 209, 2.8.1997, p. 6. Regulation as amended by Regulation (EC) No 1056/2005 (OJ L 174, 7.7.2005, p. 5).

      (2)  OJ C 236, 2.8.1997, p. 1.

      (3)  OJ L 34, 11.2.2003, p. 16.

      (4)  OJ L 332, 31.12.1993, p. 7. Regulation as last amended by Regulation (EC) No 2103/2005 (OJ L 337, 22.12.2005, p. 1).

      (5)  This was broadly in line with the figure notified by the German authorities on 1 September 2005 (3,7 % of GDP), the main difference stemming from the securitisation undertaken by the pension office for former post office civil servants, which was not treated as deficit-reducing in the autumn forecast.


title: 2012/378/EU: Council Decision of 10 July 2012 appointing a Spanish alternate member of the Committee of the Regions

text:
               13.7.2012

               EN

               Official Journal of the European Union

               L 182/41

         COUNCIL DECISION
   of 10 July 2012
   appointing a Spanish alternate member of the Committee of the Regions
   (2012/378/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Spanish Government,
   Whereas:

               (1)

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

               (2)

               An alternate member’s seat has become vacant following the end of the term of office of Mr Francisco DE LA TORRE PRADO,

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

               —

               Mr Fernando MARTÍNEZ MAILLO, Presidente de la Diputación de Zamora.

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

      Done at Brussels, 10 July 2012.

            For the Council

            The President

         V. SHIARLY

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

      (2)  OJ L 12, 19.1.2010, p. 11.


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32003D0421

2003/421/EC: Commission Decision of 20 May 2003 on suspending the examination procedure concerning obstacles to trade, consisting of trade practices maintained by the Republic of Colombia in relation to imports of motor vehicles

Official Journal L 143 , 11/06/2003 P. 0033 - 0034

Commission Decisionof 20 May 2003on suspending the examination procedure concerning obstacles to trade, consisting of trade practices maintained by the Republic of Colombia in relation to imports of motor vehicles(2003/421/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organisation(1), as amended by Regulation (EC) No 356/95(2), and in particular Article 11(2) thereof,Whereas:(1) On 7 July 2000 Volkswagen AG lodged a complaint pursuant to Article 4 of Regulation (EC) No 3286/94 (hereinafter referred to as the "Regulation".(2) Volkswagen AG alleged that Community exports of motor vehicles to the Republic of Colombia are hindered by an obstacle to trade within the meaning of Article 2(1) of the Regulation.(3) The alleged obstacle to trade was constituted by the general Colombian tax law of 1996 (as amended) (Estatuto Tributario), which provides for a distinction between vehicles assembled or manufactured in Colombia and those manufactured or assembled outside Colombia for the purposes of the application of VAT. This law stipulated that the vehicles in the category up to 1400 cc manufactured or assembled in Colombia are subject to a VAT rate of 20 % compared with a VAT rate of 35 % for imported cars.(4) The Commission decided, after consultation of the Advisory Committee established by the Regulation, that the complaint contained sufficient evidence to justify the initiation of an examination procedure. Consequently, an examination procedure was initiated on 18 August 2000(3).(5) The investigation provided sufficient evidence for assessing that:- the Republic of Colombia is in breach of its obligations deriving from Article III.2 of GATT 1994. Therefore, the practice contested by the complainant appeared to be an obstacle to trade within the meaning of Article 2(1) of the Trade barriers Regulation,- the above described discriminatory VAT regime imposed by Colombia on imported cars causes adverse trade effects within the meaning of Article 2(4) of the Trade barriers Regulation.(6) Accordingly, as a result of the examination procedure, it was found that action was necessary, in the interests of the Community, to remove the adverse trade effects resulting from obstacles to trade maintained by Colombia.(7) In order to ensure the exercise of the Community's rights under international trade rules, it appeared reasonable to explore with the Colombian side the possibility for an amicable solution, also in consideration of the difficult political and economic situation of Colombia.(8) In December 2001, the European Commission and Colombia reached an understanding according to which Colombia committed itself not to increase the present tax differential vis-à-vis imported motor cars up to 1400 cc and to eliminate the abovementioned VAT differential by 1 July 2005. Under these conditions, the Commission committed itself not to initiate WTO dispute settlement procedures as regards the measures covered by the Trade barriers Regulation investigation. The arrangement stated that it remained without prejudice to the legal position of the European Community and Colombia.(9) The arrangement provided that the Commission would suspend the examination procedure on this matter, as soon as legislation was adopted by the Colombian parliament to implement the agreement.(10) A draft law providing for the above gradual elimination of the VAT differential was presented by the Colombian Government to the Colombian parliament on 20 May 2002 and it was adopted on 27 December 2002.(11) The examination procedure should therefore be suspended.(12) The measures provided for in this Decision are in accordance with the opinion of the Advisory Committee established by the Regulation,HAS ADOPTED THIS DECISION:Sole ArticleThe examination procedure concerning obstacles to trade, consisting of trade practices maintained by Colombia in relation to imports of motor vehicles initiated on 18 August 2000 is hereby suspended.Done at Brussels, 20 May 2003.For the CommissionPascal LamyMember of the Commission(1) OJ L 349, 31.12.1994, p. 71.(2) OJ L 41, 23.2.1995, p. 3.(3) OJ C 236, 18.8.2000, p. 4.


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31998D0701

98/701/JHA: Council Decision of 3 December 1998 on common standards relating to filling in the uniform format for residence permits

Official Journal L 333 , 09/12/1998 P. 0008 - 0016

COUNCIL DECISION of 3 December 1998 on common standards relating to filling in the uniform format for residence permits (98/701/JHA)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Joint Action 97/11/JHA of 16 December 1996 concerning a uniform format for residence permits (1), and in particular Article 2(1) thereof,Whereas it is necessary to establish common standards relating to filling in the said format, so as to ensure the uniform aspect thereof;Whereas this Decision does not affect the competence of Member States relating to the recognition of States and territorial entities, as well as of passports and travel documents issued by these States or entities; whereas the attribution of the codes in the Appendix to this Decision is of a purely administrative nature and is without prejudice to the determination of the nationality of third country residents,HAS DECIDED AS FOLLOWS:Article 1 The uniform format for residence permits shall be filled in in accordance with the procedures contained in the Annex hereto.Article 2 The Council shall examine, at least once a year, the procedures and codes contained in the Annex and the Appendix hereto with a view to adapting them.Article 3 This Decision shall enter into force on the day following its publication in the Official Journal of the European Communities.Done at Brussels, 3 December 1998.For the CouncilThe PresidentK. SCHLÖGL(1) OJ L 7, 10. 1. 1997, p. 1.ANNEX I. PROCEDURES FOR COMPLETION OF THE COMMON REFERENCE AREA OF THE STICKER IN THE UNIFORM FORMAT OF THE RESIDENCE PERMIT. The format adopted for the sticker is in ID2 format (conforming with the dimensions for the ID2 type card (ISO7810)).There are eight spaces to be completed in accordance with the technical specifications, where appropriate, as follows:1. Permit No The number of the document shall appear in this space (protected by special security features and preceded by a letter code), in accordance with part one paragraph 3.7 (initial letter(s) as detailed in paragraph 3.2) of the technical specifications.2. Name The surname(s) and first name(s) shall be inserted here in order. The surname(s) and first name(s) on the document to which the sticker is attached must be exactly the same as those on the sticker.3. 'Valid until` space The relevant date of expiry shall be entered in this space or, if necessary, a word or a code indicating unlimited validity.Member States shall forward to the General Secretariat of the Council the various words or codes referred to in the previous subparagraph, to enable the Secretariat to draw up a list for distribution to all Member States. Such a list could also be used as an additional device for discovering falsifications.Where an expiry date is entered, the date must be entered by means of three groups of two figures in the following order, two for the day, two for the month and two for the year, to be separated by a hyphen, and the first figure shall be a nought where the number is lower than 10 (e.g. 15-01-96: 15 January 1996).4. Place/date of issue This space shall indicate the place and date of issue of the residence permit.The date of issue shall be entered by means of three groups of two figures in the order laid down in the third subparagraph of point 3.5. Type of permit This space shall show the specific type of the residence permit issued by the Member State to the national of a third country.This space should not be harmonised because of disparities between the laws of the Member States. However, Member States will forward to the General Secretariat of the Council the various references they include in this space to enable the Secretariat to draw up a list for distribution to all Member States. Such a list could also be used as an additional device for discovering falsifications.6. Remarks Member States may enter in this space information and remarks for national use which are required by national provisions concerning nationals from third countries, including information on authorisation to work and passport number.Member States will forward to the General Secretariat of the Council the various permanent references they include in this space to enable the Secretariat to draw up a list for distribution to all Member States. Such a list could also be used as an additional device for discovering falsifications.7. Date/signature/authorisation Where necessary, the issuing authority may affix here its signature and its stamp and/or require the holder to affix his signature.If this space is used, the date should be entered by means of three groups of two figures in the order laid down in the third subparagraph of point 3.Where the Member State's legislation or practices require the affixing of an issuing-office stamp, the stamp should be located in the rectangle bounded on the right by the right edge of the sticker, on the left by the 'Remarks` box, above by the emblem of the Member State and below by the machine-readable area.It is also desirable that the stamp consist of a rectangle 1 cm high × 2,5 cm wide showing the name of the authority issuing the residence permit and the signature and/or the date. The signature and/or the date should be framed on each side by three parallel horizontal lines, the middle one being half as long as the other two.8. Machine-readable area The area reserved for machine reading (including codes indicating nationality or other status) shall be completed in accordance with the standards of the International Civil Aviation Organisation (ICAO), as set out in the technical specification. On the second line, either the number of the permit or the passport number shall be recorded. The three codes relating to the nationality or status of the permit holder shall be entered in accordance with the list in the Appendix.Member States shall notify the General Secretariat of the Council whether they intend to record the permit or the passport number. The Secretariat will circulate this information to all Member States.II. PROCEDURES FOR COMPLETION OF THE COMMON REFERENCE AREA OF THE STAND-ALONE DOCUMENT IN THE UNIFORM FORMAT OF THE RESIDENCE PERMIT. The format adopted for the stand-alone document is either the ID1 or ID2 format in accordance with ISO standard 7810.1995. In both formats there are 12 boxes to be completed in accordance with the technical specifications where appropriate.A. FRONT 1. Permit No The number of the document shall appear in this space preceded by a letter code, in accordance with Part 2 of paragraph 3.2 (initial letter(s) as detailed in Part I, paragraph 3.2) of the technical specifications.2. Name The surname(s) and first name(s) shall be inserted here in order.3. 'Valid until` space The corresponding date of expiry shall be entered in this space or, if necessary, a word or a code indicating unlimited validity.Member States shall forward to the General Secretariat of the Council the various words or codes referred to in the previous subparagraph, to enable the Secretariat to draw up a list for distribution to all Member States. Such a list could also be used as an additional device for discovering falsifications.Where an expiry date is entered, the date must be entered by means of three groups of two figures in the following order, two for the day, two for the month and two for the year, to be separated by a hyphen, and the first figure shall be a nought where the number is lower than 10 (e.g. 15-01-96: 15 January 1996).4. Place/date of issue This space shall indicate the place and date of issue of the residence permit.The date of issue shall be entered by means of three groups of two figures in the order laid down in the third subparagraph of point 3.5. Type of permit This space shall show the specific type of the residence permit issued by the Member State to the national of a third country.This space should not be harmonised because of disparities between the laws of the Member States. However, Member States will forward to the General Secretariat of the Council the various references they include in this space to enable the Secretariat to draw up a list for distribution to all Member States. Such a list could also be used as an additional device for discovering falsifications.6. Remarks Member States may enter in this space information and remarks for national use which are required by national provisions concerning nationals from third countries, including information on authorisation to work.Member States will forward to the General Secretariat of the Council the various permanent references they include in this space to enable the Secretariat to draw up a list for distribution to all Member States. Such a list could also be used as an additional device for discovering falsifications.7. Date/signature/authorisation Where necessary, the issuing authority may affix here its signature and its stamp and/or require the holder to affix his signature.If this space is used, the date should be entered by means of three groups of two figures in the order laid down in the third subparagraph of point 3.Where the Member State's legislation or practices require the affixing of an issuing-office stamp, the stamp could be located in the rectangle bounded on the right by the right edge of the stand- alone document, on the left by the 'Remarks` box, above by the emblem of the Member State and below by the base of the card in the ID1 format, or by the machine-readable area in the ID2 format.It is also desirable that the stamp consist of a rectangle 1 cm high × 2,5 cm (1) wide showing the name of the authority issuing the residence permit and the signature and/or the date; the signature and/or the date should be framed on each side by three parallel horizontal lines, the middle one being half as long as the other two.B. BACK Where there is a stand-alone document, the following additional references shall appear on the back.8. Date and place of birth Reference to the place and date of birth of the holder of the residence permit shall be entered here.The place of birth shall be the name of the city, if known, as well as the country where the holder of the permit was born. Reference to the country of birth must be given since the holder's nationality may be different from the country of his birth.The date of birth shall be entered by means of three groups of two figures in the order laid down in the third subparagraph of point 3.9. Nationality The nationality or any other status of the holder of the residence permit shall be entered here.Reference to the nationality shall be by reference to the name of the country of which the foreigner is a national, or to any other relevant status, e.g. Colombia.10. Sex The sex of the holder of the residence permit shall be entered here in accordance with ICAO standards for the machine-readable zone.Member States will forward to the General Secretariat of the Council the various references they include in this box to enable the Secretariat to draw up a list for distribution to all Member States. Such a list could also be used as an additional device for discovering falsifications.11. Remarks Member States may enter in this box information and remarks for national use which are required by national provisions concerning nationals from third countries, for example the holder's address.Member States will forward to the General Secretariat of the Council the various references they include in this box to enable the Secretariat to draw up a list for distribution to all Member States. Such a list could also be used as an additional device for discovering falsifications.12. Machine-readable area (on reverse side of the document in ID1 format and on the front of the document in ID2 format)The area reserved for machine reading (including codes indicating nationality or other status) shall be completed in accordance with the standards of the International Civil Aviation Organisation (ICAO), as set out in the technical specification. The three codes relating to the nationality or status of the permit holder shall be entered in accordance with the list in the Appendix.Appendix >TABLE>>TABLE>(1) For ID1 format, these dimensions should be reduced by half.


title: 2013/11/EU: Council Decision of 18 December 2012 on the position to be adopted, on behalf of the European Union, in the EEA Joint Committee concerning an amendment to Annex IV (Energy) and to Annex XXI (Statistics) to the EEA Agreement

text:
               11.1.2013

               EN

               Official Journal of the European Union

               L 7/1

         COUNCIL DECISION
   of 18 December 2012
   on the position to be adopted, on behalf of the European Union, in the EEA Joint Committee concerning an amendment to Annex IV (Energy) and to Annex XXI (Statistics) to the EEA Agreement
   (2013/11/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 338(1), 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, Annexes IV and XXI thereto.

               (3)

               Annexes IV and XXI to the EEA Agreement contain specific provisions and arrangements concerning energy and statistics, respectively.

               (4)

               Directive 2008/92/EC of the European Parliament and of the Council of 22 October 2008 concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (3) is to be incorporated into the EEA Agreement.

               (5)

               Directive 2008/92/EC repeals Council Directive 90/377/EEC of 29 June 1990 concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (4) which is incorporated into the EEA Agreement. Directive 90/377/EEC is consequently to be repealed under the EEA Agreement.

               (6)

               Liechtenstein is to be exempted from the obligations foreseen in Directive 2008/92/EC, except for the obligation to provide the industrial price data for industrial end-user band IC for electricity and for industrial end-user band I3 for gas.

               (7)

               Annexes IV and XXI to the EEA Agreement should therefore be amended accordingly.

               (8)

               The position of the Union in the EEA Joint Committee should be based on the attached draft Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted, on behalf of the European Union, in the EEA Joint Committee on the proposed amendments to Annex IV (Energy) and Annex XXI (Statistics) to the EEA Agreement 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 day of its adoption.

      Done at Brussels, 18 December 2012.

            For the Council

            The President

         S. ALETRARIS

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

      (2)  OJ L 1, 3.1.1994, p. 3.

      (3)  OJ L 298, 7.11.2008, p. 9.

      (4)  OJ L 185, 17.7.1990, p. 16.

      DRAFT
      DECISION OF THE EEA JOINT COMMITTEE No …/…
      of
      amending Annex IV (Energy) and Annex XXI (Statistics) to the EEA Agreement
      THE EEA JOINT COMMITTEE,
      Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,
      Whereas:

                  (1)

                  Directive 2008/92/EC of the European Parliament and of the Council of 22 October 2008 concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (recast) (1) is to be incorporated into the EEA Agreement.

                  (2)

                  Directive 2008/92/EC repeals Council Directive 90/377/EEC of 29 June 1990 concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (2) which is incorporated into the EEA Agreement. Directive 90/377/EEC is consequently to be repealed under the EEA Agreement.

                  (3)

                  Annexes IV and XXI to the EEA Agreement should therefore be amended accordingly,

            HAS ADOPTED THIS DECISION:
      Article 1
      The text of point 7 (Council Directive 90/377/EEC) of Annex IV to the EEA Agreement is replaced by the following:

         ‘32008 L 0092: Directive 2008/92/EC of the European Parliament and of the Council of 22 October 2008 concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (recast) (OJ L 298, 7.11.2008, p. 9) (3).

      Article 2
      The text of point 26 (Council Directive 90/377/EEC) of Annex XXI to the EEA Agreement is replaced by the following:

         ‘32008 L 0092: Directive 2008/92/EC of the European Parliament and of the Council of 22 October 2008 concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (recast) (OJ L 298, 7.11.2008, p. 9).
         The provisions of the Directive shall, for the purposes of this Agreement, be read with the following adaptation:
         Liechtenstein shall be exempted from the obligations foreseen in this Directive, except for the obligation to provide the industrial price data for industrial end-user band IC for electricity and for industrial end-user band I3 for gas. This data (3 price levels: prices excluding taxes and levies; prices excluding VAT and other recoverable taxes; prices including all taxes, levies and VAT) shall be provided on a half yearly basis within 2 months after the reference period by using the appropriate questionnaires provided by Eurostat.’.

      Article 3
      The texts of Directive 2008/92/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
      Article 4
      This Decision shall enter into force on …, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (4).
      Article 5
      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

         (1)  OJ L 298, 7.11.2008, p. 9.

         (2)  OJ L 185, 17.7.1990, p. 16.

         (3)  Listed here for information purposes only: for application see Annex XXI on statistics.’.

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