title: 2011/188/EC: Council Decision of 27 July 2009 on the conclusion by the European Community of the Interim Agreement between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, on trade and trade-related matters#Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan of the other part

text:
               26.3.2011

               EN

               Official Journal of the European Union

               L 80/19

         COUNCIL DECISION
   of 27 July 2009
   on the conclusion by the European Community of the Interim Agreement between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, on trade and trade-related matters
   (2011/188/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament,
   Whereas:

               (1)

               Pending the entry into force of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Turkmenistan, of the other part, signed in Brussels on 25 May 1998, it is necessary to approve on behalf of the European Community, the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, signed in Brussels on 10 November 1999.

               (2)

               Article 31 of that Interim Agreement on trade and trade-related matters should be amended in order to take into account the new official languages of the Community since the signature of the Agreement, through the Exchange of Letters between the European Community and Turkmenistan amending the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, as regards the authentic language versions,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, together with its Annexes, the Protocol and the declarations, and the Exchange of Letters between the European Community and Turkmenistan amending the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, as regards the authentic language versions, which amends Article 31 of that Interim Agreement on trade and trade-related matters, are hereby approved on behalf of the European Community.
   These texts are attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the persons empowered to sign the Exchange of Letters on behalf of the European Community.
   Article 3
   The President of the Council shall give the notification provided for in Article 32 of the Interim Agreement on behalf of the European Community.
   Article 4
   This Decision shall take effect on the date of its adoption.

      Done at Brussels, 27 July 2009.

            For the Council

            The President

         C. BILDT

      INTERIM AGREEMENT
      on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan of the other part
      THE EUROPEAN COMMUNITY, THE EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as ‘the Community’,
      of the one part, and
      TURKMENISTAN,
      of the other part,
      WHEREAS a Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part and Turkmenistan of the other part was initialled on 24 May 1997;
      WHEREAS the aim of the Partnership and Cooperation Agreement is to strengthen and widen the relations established previously, notably by the Agreement between the European Economic Community and the European Atomic Energy Community and the Union of Soviet Socialist Republics on Trade and Commercial and Economic Cooperation signed on 18 December 1989;
      WHEREAS it is necessary to ensure the rapid development of trade relations between the Parties;
      WHEREAS to this end it is necessary to implement as speedily as possible, by means of an Interim Agreement, the provisions of the Partnership and Cooperation Agreement concerning trade and trade-related matters;
      WHEREAS the said provisions should, accordingly, replace the relevant provisions of the Agreement on Trade and Commercial and Economic Cooperation;
      WHEREAS it is necessary to ensure that pending the entry into force of the Partnership and Cooperation Agreement and the establishment of the Cooperation Council, the Joint Committee set up under the Agreement on Trade and Commercial and Economic Cooperation may exercise the powers assigned by the Partnership and Cooperation Agreement to the Cooperation Council, which are necessary in order to implement the Interim Agreement;
      HAVE DECIDED to conclude this Agreement and to this end have designated as their plenipotentiaries:
      THE EUROPEAN COMMUNITY:
      THE EUROPEAN COAL AND STEEL COMMUNITY:
      THE EUROPEAN ATOMIC ENERGY COMMUNITY:
      TURKMENISTAN:
      WHO, having exchanged their Full Powers, found in good and due form,
      HAVE AGREED AS FOLLOWS:
      TITLE I

         GENERAL PRINCIPLES

      (PCA Turkmenistan: Title I)
      Article 1
      (PCA Turkmenistan: Article 2)
      Respect for democracy and fundamental and human rights, as defined in the Universal Declaration of Human Rights, the United Nations Charter, the Helsinki Final Act and the Charter of Paris for a New Europe, as well as the principles of market economy, including those enunciated in the documents of the CSCE Bonn Conference, underpin the internal and external policies of the Parties and constitute an essential element of this Agreement.
      TITLE II

         TRADE IN GOODS

      (PCA Turkmenistan: Title III)
      Article 2
      (PCA Turkmenistan: Article 7)
      1.   The Parties shall accord to one another most-favoured-nation treatment in all areas in respect of:

                  —

                  customs duties and charges applied to imports and exports, including the method of collecting such duties and charges,

                  —

                  provisions relating to customs clearance, transit, warehouses and transhipment,

                  —

                  taxes and other internal charges of any kind applied directly or indirectly to imported goods,

                  —

                  methods of payment and the transfer of such payments related to trade in goods,

                  —

                  the rules relating to the sale, purchase, transport, distribution and use of goods on the domestic market.

            2.   The provisions of paragraph 1 shall not apply to:

                  (a)

                  advantages granted with the aim of creating a customs union or a free-trade area or pursuant to the creation of such a union or area;

                  (b)

                  advantages granted to particular countries in accordance with World Trade Organisation (WTO) rules and with other international arrangements in favour of developing countries;

                  (c)

                  advantages accorded to adjacent countries in order to facilitate frontier traffic.

            3.   The provisions of paragraph 1 shall not apply, during a transitional period expiring on 31 December 1998, to advantages defined in Annex I granted by Turkmenistan to other states which have emerged from the dissolution of the USSR.
      Article 3
      (PCA Turkmenistan: Article 8)
      1.   The Parties agree that the principle of free transit is an essential condition of attaining the objectives of this Agreement.
      In this connection each Party shall secure unrestricted transit via or through its territory of goods originating in the customs territory or destined for the customs territory of the other Party.
      2.   The rules described in Article V, paragraphs 2, 3, 4 and 5 of the GATT are applicable between the Parties.
      3.   The rules contained in this Article are without prejudice to any special rules relating to specific sectors, in particular such as transport, or products agreed between the Parties.
      Article 4
      (PCA Turkmenistan: Article 9)
      Without prejudice to the rights and obligations stemming from international conventions on the temporary admission of goods which bind both Parties, each Party shall furthermore grant the other Party exemption from import charges and duties on goods admitted temporarily, in the instances and according to the procedures stipulated by any other international convention on this matter binding upon it, in conformity with its legislation. Account shall be taken of the conditions under which the obligations stemming from such a convention have been accepted by the Party in question.
      Article 5
      (PCA Turkmenistan: Article 10)
      1.   Goods originating in Turkmenistan shall be imported into the Community free of quantitative restrictions and measures of equivalent effect, without prejudice to the provisions of Articles 7, 10 and 11 of this Agreement.
      2.   Goods originating in the Community shall be imported into Turkmenistan free of all quantitative restrictions and measures of equivalent effect, without prejudice to the provisions of Articles 7, 10 and 11 of this Agreement.
      Article 6
      (PCA Turkmenistan: Article 11)
      Goods shall be traded between the Parties at market-related prices.
      Article 7
      (PCA Turkmenistan: Article 12)
      1.   Where any product is being imported into the territory of one of the Parties in such increased quantities or under such conditions as to cause or threaten to cause injury to domestic producers of like or direct competitive products, the Community or Turkmenistan, whichever is concerned, may take appropriate measures in accordance with the following procedures and conditions.
      2.   Before taking any measures, or in cases to which paragraph 4 applies, as soon as possible thereafter, the Community or Turkmenistan as the case may be shall supply the Joint Committee with all relevant information with a view to seeking a solution acceptable to both Parties as provided for in Title IV.
      3.   If, as a result of the consultations, the Parties do not reach agreement within 30 days of referral to the Joint Committee on actions to avoid the situation, the Party which requested consultations shall be free to restrict imports of the products concerned to the extent and for such time as is necessary to prevent or remedy the injury, or to adopt other appropriate measures.
      4.   In critical circumstances where delay would cause damage difficult to repair, the Parties may take the measures before the consultations, on the condition that consultations shall be offered immediately after taking such action.
      5.   In the selection of measures under this Article, the Parties shall give priority to those which cause least disturbance to the achievement of the aims of this Agreement.
      6.   Nothing in this Article shall prejudice or affect in any way the taking, by either Party, of anti-dumping or countervailing measures in accordance with Article VI of the GATT 1994, the Agreement on Implementation of Article VI of the GATT 1994, the Agreement on Subsidies and Countervailing Measures or related internal legislation.
      Article 8
      (PCA Turkmenistan: Article 13)
      The Parties undertake to consider development of the provisions in this Agreement on trade in goods between them, as circumstances allow, including the situation arising from the future accession of Turkmenistan to the WTO. The Joint Committee referred to in Article 17 may make recommendations on such developments to the Parties which could be put into effect, where accepted, by virtue of agreement between the Parties in accordance with their respective procedures.
      Article 9
      (PCA Turkmenistan: Article 14)
      The Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of natural resources; the protection of national treasures of artistic, historic or archaeological value or the protection of intellectual, industrial and commercial property or rules relating to gold and silver. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Parties.
      Article 10
      (PCA Turkmenistan: Article 15)
      This Title shall not apply to trade in textile products falling under Chapters 50 to 63 of the Combined Nomenclature. Trade in these products shall be governed by a separate agreement, initialled on 30 December 1995 and applied provisionally since 1 January 1996.
      Article 11
      (PCA Turkmenistan: Article 16)
      1.   Trade in products covered by the Treaty establishing the European Coal and Steel Community shall be governed by the provisions of this Title, with the exception of Article 5.
      2.   A contact group on coal and steel matters shall be set up, comprising representatives of the Community on the one hand, and representatives of the Turkmenistan on the other.
      The contact group shall exchange, on a regular basis, information on all coal and steel matters of interest to the Parties.
      Article 12
      (PCA Turkmenistan: Article 17)
      Trade in nuclear materials will be conducted in accordance with the provisions of the Treaty establishing the European Atomic Energy Community. If necessary, trade in nuclear materials shall be subject to the provisions of a specific Agreement to be concluded between the European Atomic Energy Community and Turkmenistan.
      TITLE III

         PAYMENTS, COMPETITION AND OTHER ECONOMIC PROVISIONS

      (PCA Turkmenistan: Title IV)
      Article 13
      (PCA Turkmenistan: Article 39(1))
      The Parties undertake to authorise, in freely convertible currency, any current payments between residents of the Community and of Turkmenistan connected with the movement of goods, made in accordance with the provisions of this Agreement.
      Article 14
      (PCA Turkmenistan: Article 41(4))
      The Parties agree to examine ways to apply their respective competition laws on a concerted basis in such cases where trade between them is affected.
      Article 15
      (PCA Turkmenistan: Article 40(1))
      Pursuant to the provisions of this Article and of Annex II, Turkmenistan shall continue to improve the protection of intellectual, industrial and commercial property rights in order to provide, by the end of the fifth year after the entry into force of the Agreement, for a level of protection similar to that provided in the Community by Community acts, in particular the ones referred to in Annex II, including effective means of enforcing such rights.
      Article 16
      Mutual administrative assistance in customs matters between the authorities of the Parties shall take place in accordance with the Protocol annexed to this Agreement.
      TITLE IV

         INSTITUTIONAL, GENERAL AND FINAL PROVISIONS

      (PCA Turkmenistan: Title XI)
      Article 17
      The Joint Committee set up by the Agreement between the European Economic Community and the European Atomic Energy Community and the Union of Soviet Socialist Republics on Trade and Commercial and Economic Cooperation signed on 18 December 1989 shall perform the duties assigned to it by this Agreement until the Cooperation Council provided for in Article 77 of the Partnership and Cooperation Agreement is established.
      Article 18
      The Joint Committee may, for the purposes of attaining the objectives of the Agreement, make recommendations in the cases provided for therein.
      It shall draw up its recommendations by agreement between the Parties.
      Article 19
      (PCA Turkmenistan: Article 81)
      When examining any issue arising within the framework of this Agreement in relation to a provision referring to an Article of one of the Agreements constituting the WTO, the Joint Committee shall take into account to the greatest extent possible the interpretation that is generally given to the Article in question by the Members of the WTO.
      Article 20
      (PCA Turkmenistan: Article 85)
      1.   Within the scope of this Agreement, each Party undertakes to ensure that natural and legal persons of the other Party have access free of discrimination in relation to its own nationals to the competent courts and administrative organs of the Parties to defend their individual rights and their property rights, including those concerning intellectual, industrial and commercial property.
      2.   Within the limits of their respective powers, the Parties:

                  —

                  shall encourage the adoption of arbitration for the settlement of disputes arising out of commercial and cooperation transactions concluded by economic operators of the Community and those of Turkmenistan,

                  —

                  agree that where a dispute is submitted to arbitration, each party to the dispute may, except where the rules of the arbitration centre chosen by the parties provide otherwise, choose its own arbitrator, irrespective of his nationality, and that the presiding third arbitrator or the sole arbitrator may be a citizen of a third State,

                  —

                  will recommend their economic operators to choose by mutual consent the law applicable to their contracts,

                  —

                  shall encourage recourse to the arbitration rules elaborated by the United Nations Commission on International Trade Law (Uncitral) and to arbitration by any centre of a state signatory to the Convention on Recognition and Enforcement of Foreign Arbitral Awards done at New York on 10 June 1958.

            Article 21
      (PCA Turkmenistan: Article 86)
      Nothing in the Agreement shall prevent a Party from taking any measures:

                  (a)

                  which it considers necessary to prevent the disclosure of information contrary to its essential security interests;

                  (b)

                  which relate to the production of, or trade in arms, munitions or war materials or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes;

                  (c)

                  which it considers essential to its own security in the event of serious internal disturbances affecting the maintenance of law and order, in time of war or serious international tension constituting threat of war or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security;

                  (d)

                  which it considers necessary to respect its international obligations and commitments in the control of dual use industrial goods and technology.

            Article 22
      (PCA Turkmenistan: Article 87)
      1.   In the fields covered by this Agreement and without prejudice to any special provisions contained therein:

                  —

                  the arrangements applied by Turkmenistan in respect of the Community shall not give rise to any discrimination between the Member States, their nationals or their companies or firms,

                  —

                  the arrangements applied by the Community in respect of Turkmenistan shall not give rise to any discrimination between Turkmen nationals, or Turkmen companies or firms.

            2.   The provisions of paragraph 1 are without prejudice to the right of the Parties to apply the relevant provisions of their fiscal legislation to tax payers who are not in identical situations as regards their place of residence.
      Article 23
      (PCA Turkmenistan: Article 88)
      1.   Each Party may refer to the Joint Committee any dispute relating to the application or interpretation of this Agreement.
      2.   The Joint Committee may settle the dispute by means of a recommendation.
      3.   In the event of it not being possible to settle the dispute in accordance with paragraph 2, either Party may notify the other of the appointment of a conciliator; the other Party must then appoint a second conciliator within 2 months.
      The Joint Committee shall appoint a third conciliator.
      The conciliators’ recommendations shall be taken by majority vote. Such recommendations shall not be binding upon the Parties.
      Article 24
      (PCA Turkmenistan: Article 89)
      The Parties agree to consult promptly through appropriate channels at the request of either Party to discuss any matter concerning the interpretation or implementation of this Agreement and other relevant aspects of the relations between the Parties.
      The provisions of this Article shall in no way affect and are without prejudice to Articles 7, 23 and 28.
      Article 25
      (PCA Turkmenistan: Article 90)
      Treatment granted to Turkmenistan hereunder shall in no case be more favourable than that granted by the Member States to each other.
      Article 26
      (PCA Turkmenistan: Article 92)
      Insofar as matters covered by this Agreement are covered by the Energy Charter Treaty and Protocols thereto, such Treaty and Protocols shall upon entry into force apply to such matters but only to the extent that such application is provided for therein.
      Article 27
      1.   This Agreement shall be applicable until the entry into force of the Partnership and Cooperation Agreement initialled on 24 May 1997.
      2.   Either Party may denounce this Agreement by notifying the other Party. This Agreement shall cease to apply 6 months after the date of such notification.
      Article 28
      (PCA Turkmenistan: Article 94)
      1.   The Parties shall take any general or specific measures required to fulfil their obligations under the Agreement. They shall see to it that the objectives set out in the Agreement are attained.
      2.   If either Party considers that the other Party has failed to fulfil an obligation under the Agreement, it may take the appropriate measures. Before so doing, except in cases of special urgency, it shall supply the Joint Committee with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties.
      In the selection of these measures, priority must be given to those which least disturb the functioning of the Agreement. These measures shall be notified immediately to the Joint Committee if the other Party so requests.
      Article 29
      (PCA Turkmenistan: Article 95)
      Annexes I and II and the Protocol on mutual administrative assistance in customs matters shall form an integral part of this Agreement.
      Article 30
      (PCA Turkmenistan: Article 97)
      This Agreement shall apply, on the one hand, to the territories in which the Treaties establishing the European Community, the European Atomic Energy Community and the European Coal and Steel Community are applied and under the conditions laid down in those Treaties and, on the other hand, to the territory of Turkmenistan.
      Article 31
      This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Italian, Spanish, Swedish, Greek, Portuguese and Turkmen languages, each of these texts being equally authentic.
      Article 32
      This Agreement will be approved by the Parties in accordance with their own procedures.
      This Agreement shall enter into force on the first day of the second month following the date on which the Parties notify the Secretary-General of the Council of the European Union that the procedures referred to in the first paragraph have been completed.
      Upon its entry into force, and as far as relations between Turkmenistan and the Community are concerned, this Agreement shall replace Article 2, Article 3, except for the fourth indent thereof, and Articles 4 to 16 of the Agreement between the European Economic Community, the European Atomic Energy Community and the Union of Soviet Socialist Republics on Trade and Economic and Commercial Cooperation signed in Brussels on 18 December 1989.

         Hecho en Bruselas, el diez de noviembre de mil novecientos noventa y nueve.
         Udfærdiget i Bruxelles den tiende november nitten hundrede og nioghalvfems.
         Geschehen zu Brüssel am zehnten November neunzehnhundertneunundneunzig.
         Έγινε στις Βρυξέλλες, στις δέκα Νοεμβρίου χίλια εννιακόσια ενενήντα εννέα.
         Done at Brussels on the tenth day of November in the year one thousand nine hundred and ninety-nine.
         Fait à Bruxelles, le dix novembre mil neuf cent quatre-vingt-dix-neuf.
         Fatto a Bruxelles, addì dieci novembre millenovecentonovantanove.
         Gedaan te Brussel, de tiende november negentienhonderd negenennegentig.
         Feito em Bruxelas, em dez de Novembro de mil novecentos e noventa e nove.
         Tehty Brysselissä kymmenentenä päivänä marraskuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäyhdeksän.
         Som skedde i Bryssel den tionde november nittonhundranittionio.

            Por las Comunidades Europeas
            For De Europæiske Fællesskaber
            Für die Europäischen Gemeinschaften
            Για τις Ευρωπαϊκές Κοινότητες
            For the European Communities
            Pour les Communautés européennes
            Per le Comunità europee
            Voor de Europese Gemeenschappen
            Pelas Comunidades Europeias
            Euroopan yhteisöjen puolesta
            For Europeiska gemenskaperna
            Европа Билелешигшшн адындан

            Por Turkmenistán
            For Turkmenistan
            Für Turkmenistan
            Για το Тουρκμενιστάν
            For Turkmenistan
            Pour le Turkménistan
            Per il Turkmenistan
            Voor Turkmenistan
            Pelo Turquemenistão
            Turkmenistanin puolesta
            På Turkmenistans vägnar
            Туркменнстаньн адындан

         LIST OF DOCUMENTS ATTACHED

                     ANNEX I

                     :

                     Indicative list of advantages granted by Turkmenistan to the Independent States in accordance with Article 2(3).

                     ANNEX II

                     :

                     Intellectual, industrial and commercial property acts referred to in Article 15.

               Protocol on mutual administrative assistance in customs matters.

            ANNEX I

               Indicative list of advantages granted by Turkmenistan to the Independent States in accordance with Article 2(3)

            1.   Import/export taxation
            No import or export duties are levied.
            Services such as customs clearance, commissions and other duties levied by the State Customs, the State Commodity Exchange and the State Tax Inspection are not payable in the case of the following goods:

                        —

                        import of grain, baby food, foodstuffs which are sold to the population at state controlled prices,

                        —

                        goods imported on a contract basis and financed by the Turkmenistan state budget.

                  2.   Conditions of transportation and transit
            In respect of the CIS countries which are Parties to the Multilateral Agreement ‘on the principles and conditions of relations in the field of transport’ and/or on the basis of bilateral agreements on transportation and transit, no taxes or fees are applied on a reciprocal basis for the transportation and customs clearing of goods (including goods in transit) and transit of vehicles.
            Vehicles from CIS States are exempted from paying any duties when in transit through the territory of Turkmenistan.

            ANNEX II

               Intellectual, Industrial and Commercial Property acts referred to in Article 15

                        1.

                        Community acts referred to in Article 15.

                                    —

                                    First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks.

                                    —

                                    Council Directive 87/54/EEC of 16 December 1986 on the legal protection of topographies of semi-conductor products.

                                    —

                                    Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs.

                                    —

                                    Council Regulation (EEC) No 1768/92 of 18 June 1992 concerning the creation of a supplementary protection certificate for medicinal products.

                                    —

                                    Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs.

                                    —

                                    Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission.

                                    —

                                    Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights.

                                    —

                                    Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property.

                                    —

                                    Regulation of the European Parliament and Council (EC) No 1610/96 of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products.

                                    —

                                    Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases.

                                    —

                                    Council Regulation (EC) No 3295/94 of 22 December 1994 laying down measures to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods.

                        2.

                        If problems in the area of intellectual, industrial and commercial property as addressed in the above Community acts and affecting trading conditions were to occur, urgent consultations will be undertaken, at the request of the Community or Turkmenistan, with a view to reaching mutually satisfactory solutions.

            PROTOCOL
            on mutual administrative assistance in customs matters
            Article 1
            Definitions
            For the purposes of this Protocol:

                        (a)

                        ‘customs legislation’ shall mean any legal or regulatory provisions applicable in the territory of the Parties governing the import, export and transit of goods and their placing under any customs procedure, including measures of prohibition, restriction and control adopted by the said Parties;

                        (b)

                        ‘applicant authority’ shall mean a competent administrative authority which has been appointed by a Party for this purpose and which makes a request for assistance in customs matters;

                        (c)

                        ‘requested authority’ shall mean a competent administrative authority which has been appointed by a Party for this purpose and which receives a request for assistance in customs matters;

                        (d)

                        ‘personal data’ shall mean all information relating to an identified or identifiable individual;

                        (e)

                        ‘operation in breach of the customs legislation’ shall mean any violation or attempted violation of customs legislation.

                  Article 2
            Scope
            1.   The Parties shall assist each other, in the areas within their competence, in the manner and under the conditions laid down in this Protocol, to ensure the correct application of customs legislation, in particular by preventing, detecting and investigating operations in breach of that legislation.
            2.   Assistance, in customs matters, as provided for in this Protocol, shall apply to any administrative authority of the Parties which is competent for the application of this Protocol. It shall not prejudice the rules governing mutual assistance in criminal matters. Nor shall it cover information obtained under powers exercised at the request of the judicial authorities, except where communication of such information is authorised by the said authorities.
            Article 3
            Assistance on request
            1.   At the request of the applicant authority, the requested authority shall furnish it with all relevant information which may enable it to ensure compliance with customs legislation, including information regarding operations noted or planned which are or might be in breach of such legislation.
            2.   At the request of the applicant authority, the requested authority shall inform it whether goods exported from the territory of one of the Parties have been properly imported into the territory of the other Party, specifying, where appropriate, the customs procedure applied to the goods.
            3.   At the request of the applicant authority, the requested authority shall, within the framework of its laws, take the necessary steps to ensure special surveillance of:

                        (a)

                        natural or legal persons of whom there are reasonable grounds for believing that they are or have been involved in operations in breach of customs legislation;

                        (b)

                        places where goods are stored in a way that gives grounds for suspecting that they are intended to be used in operations in breach of customs legislation;

                        (c)

                        movements of goods notified as possibly giving rise to operations in breach of customs legislation;

                        (d)

                        means of transport for which there are reasonable grounds for believing that they have been, or may be used in operations in breach of customs legislation.

                  Article 4
            Spontaneous assistance
            The Parties shall provide each other, at their own initiative and in accordance with their laws, rules and other legal instruments, with assistance if they consider that to be necessary for the correct application of customs legislation, particularly when they obtain information pertaining to:

                        —

                        operations which are or appear to be in breach of such legislation and which may be of interest to another Party,

                        —

                        new means or methods employed in carrying out such operations,

                        —

                        goods known to be subject to operations in breach of customs legislation,

                        —

                        natural or legal persons concerning whom there are reasonable grounds for believing that they are or have been involved in operations in breach of customs legislation,

                        —

                        means of transport concerning which there are reasonable grounds for believing that they have been, are or may be used in operations in breach of customs legislation.

                  Article 5
            Delivery/Notification
            At the request of the applicant authority, the requested authority shall, in accordance with its legislation, take all necessary measures in order:

                        —

                        to deliver all documents,

                        —

                        to notify all decisions,

                  falling within the scope of this Protocol to an addressee, residing or established in its territory. In such a case, Article 6(3) shall apply to the requests for communication or notification.
            Article 6
            Form and substance of requests for assistance
            1.   Requests pursuant to this Protocol shall be made in writing. They shall be accompanied by the documents necessary to enable compliance with the request. When required because of the urgency of the situation, oral requests may be accepted, but must be confirmed in writing immediately.
            2.   Requests pursuant to paragraph 1 shall include the following information:

                        (a)

                        the applicant authority making the request;

                        (b)

                        the measure requested;

                        (c)

                        the object of and the reason for the request;

                        (d)

                        the laws, rules and other legal elements involved;

                        (e)

                        indications as exact and comprehensive as possible on the natural or legal persons who are the target of the investigations;

                        (f)

                        a summary of the relevant facts and of the enquiries already carried out, except in cases provided for in Article 5.

                  3.   Requests shall be submitted in an official language of the requested authority or in a language acceptable to that authority.
            4.   If a request does not meet the formal requirements, its correction or completion may be requested; precautionary measures may, however, be ordered.
            Article 7
            Execution of requests
            1.   In order to comply with a request for assistance, the requested authority shall proceed, within the limits of its competence and available resources, as though it were acting on its own account or at the request of other authorities of that same Party, by supplying information already possessed, by carrying out appropriate enquiries or by arranging for them to be carried out. This provision shall also apply to the administrative department to which the request has been addressed by the requested authority when the latter cannot act on its own.
            2.   Requests for assistance shall be executed in accordance with the laws, rules and other legal instruments of the requested Party.
            3.   Duly authorised officials of a Party may, with the agreement of the other Party involved and subject to the conditions laid down by the latter, obtain from the offices of the requested authority or other authority for which the requested authority is responsible, information relating to operations which are or may be in breach of customs legislation which the applicant authority needs for the purposes of this Protocol.
            4.   Officials of a Party may, with the agreement of the other Party involved and subject to the conditions laid down by the latter, be present at enquiries carried out in the latter’s territory.
            Article 8
            Form in which information is to be communicated
            1.   The requested authority shall communicate results of enquiries to the applicant authority in the form of documents, certified copies of documents, reports and the like.
            2.   The documents provided for in paragraph 1 may be replaced by computerised information produced in any form for the same purpose.
            3.   Original files and documents shall be requested only in cases where certified copies would be insufficient. Originals which have been transmitted shall be returned at the earliest opportunity.
            Article 9
            Exceptions to the obligation to provide assistance
            1.   The Parties may refuse to give assistance as provided for in this Protocol, where to do so would:

                        (a)

                        be likely to prejudice the sovereignty of Turkmenistan or that of a Member State which has been asked to provide assistance under this Protocol; or

                        (b)

                        be likely to prejudice public policy, security or other essential interests, in particular in the cases referred to under Article 10(2); or

                        (c)

                        involve currency or tax regulations other than customs legislation; or

                        (d)

                        violate an industrial, commercial or professional secret.

                  2.   Where the applicant authority requests assistance which it would itself be unable to provide if so asked, it shall draw attention to that fact in its request. It shall then be left to the requested authority to decide how to respond to such a request.
            3.   If assistance is refused, the decision and the reasons therefore must be notified to the applicant authority without delay.
            Article 10
            Information exchange and confidentiality
            1.   Any information communicated in whatsoever form pursuant to this Protocol shall be of a confidential or restricted nature, depending on the rules applicable in each of the Parties. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended to similar information under the relevant laws of the Party which received it and the corresponding provisions applying to the Community institutions.
            2.   Personal data may be exchanged only where the receiving Party undertakes to protect such data in at least an equivalent way to the one applicable to that particular case in the supplying Party.
            3.   Information obtained shall be used solely for the purposes of this Protocol. Where one of the Parties requests the use of such information for other purposes, it shall ask for the prior written consent of the authority which furnished the information. Such use shall then be subject to any restrictions laid down by that authority.
            4.   Paragraph 3 shall not impede the use of information in any judicial or administrative proceedings subsequently instituted for failure to comply with customs legislation. The competent authority which supplied that information shall be notified of such use.
            5.   The Parties may, in their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, use as evidence information obtained and documents consulted in accordance with the provisions of this Protocol.
            Article 11
            Experts and witnesses
            An official of a requested authority may be authorised to appear, within the limitations of the authorisation granted, as an expert or witness in judicial or administrative proceedings regarding the matters covered by this Protocol in the jurisdiction of the other Party, and produce such objects, documents or authenticated copies thereof, as may be needed for the proceedings. The request for an appearance must indicate specifically on what matters and by virtue of what title or qualification the official will be questioned.
            Article 12
            Assistance expenses
            The Parties shall waive all claims on each other for the reimbursement of expenses incurred pursuant to this Protocol, except, as appropriate, for expenses to experts and witnesses and to interpreters and translators who are not public service employees.
            Article 13
            Application
            1.   The application of this Protocol shall be entrusted to the central customs authorities of Turkmenistan on the one hand and to the competent services of the Commission of the European Communities and, where appropriate, the customs authorities of the Member States on the other. They shall decide on all practical measures and arrangements necessary for its application, taking into consideration the rules in force in the field of data protection. They may recommend to the competent bodies amendments which they consider should be made to this Protocol.
            2.   The Parties shall consult each other and subsequently keep each other informed of the detailed rules of implementation which are adopted in accordance with the provisions of this Protocol.
            Article 14
            Other agreements
            1.   Taking into account the respective competences of the European Community and the Member States, the provisions of this Protocol shall:

                        —

                        not affect the obligations of the Parties under any other international agreement or convention,

                        —

                        be deemed complementary with agreements on mutual assistance which have been or may be concluded between individual Member States and Turkmenistan, and

                        —

                        not affect the provisions governing the communication between the competent services of the Commission and the customs authorities of the Member States of any information obtained under this agreement which could be of interest to the Community.

                  2.   Notwithstanding the provisions of paragraph 1, the provisions of this agreement shall take precedence over the provisions of the bilateral agreement on mutual assistance which have been or may be concluded between individual Member States and Turkmenistan insofar as the provisions of the latter are incompatible with those of this Protocol.
            3.   In respect of questions relating to the applicability of this Protocol, the Parties shall consult each other to resolve the matter in the framework of the Joint Committee referred to in Article 17 of this Agreement.

         FINAL ACT
         The Plenipotentiaries of the ‘EUROPEAN COMMUNITY’, the ‘EUROPEAN COAL AND STEEL COMMUNITY’, and the ‘EUROPEAN ATOMIC ENERGY COMMUNITY’, hereinafter referred to as ‘the Community’,
         of the one part, and
         the plenipotentiaries of ‘TURKMENISTAN’,
         of the other part,
         meeting at Brussels on 10 November 1999 for the signature of the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, hereinafter referred to as the ‘Agreement’, have adopted the following texts:
         the Agreement including its Annexes and the following Protocol:
         Protocol on mutual administrative assistance in customs matters.
         The plenipotentiaries of the Community and the plenipotentiaries of Turkmenistan have adopted the texts of the Joint Declarations listed below and annexed to this Final Act:

                     Joint Declaration on personal data

                     Joint Declaration concerning Article 7 of the Agreement

                     Joint Declaration concerning Article 8 of the Agreement

                     Joint Declaration concerning Article 15 of the Agreement

                     Joint Declaration concerning Article 28 of the Agreement

               The plenipotentiaries of the Community have further taken note of the Unilateral Declaration listed below and annexed to this Final Act:
         Unilateral Declaration by Turkmenistan concerning the protection of intellectual, industrial and commercial property rights.

            Hecho en Bruselas, el diez de noviembre de mil novecientos noventa y nueve.
            Udfærdiget i Bruxelles den tiende november nitten hundrede og nioghalvfems.
            Geschehen zu Brüssel am zehnten November neunzehnhundertneunundneunzig.
            Έγινε στις Βρυξέλλες, στις δέκα Νοεμβρίου χίλια εννιακόσια ενενήντα εννέα.
            Done at Brussels on the tenth day of November in the year one thousand nine hundred and ninety-nine.
            Fait à Bruxelles, le dix novembre mil neuf cent quatre-vingt-dix-neuf.
            Fatto a Bruxelles, addì dieci novembre millenovecentonovantanove.
            Gedaan te Brussel, de tiende november negentienhonderd negenennegentig.
            Feito em Bruxelas, em dez de Novembro de mil novecentos e noventa e nove.
            Tehty Brysselissä kymmenentenä päivänä marraskuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäyhdekcsän.
            Som skedde i Bryssel den tionde november nittonhundranittionio.

               Por las Comunidades Europeas
               For De Europæiske Fællesskaber
               Für die Europäischen Gemeinschaften
               Για τις Ευρωπαϊκές Κοινότητες
               For the European Communities
               Pour les Communautés européennes
               Per le Comunità europee
               Voor de Europese Gemeenschappen
               Pelas Comunidades Europeias
               Euroopan yhteisöjen puolesta
               For Europeiska gemenskaperna
               Европа Билелешигшшн адындан

               Por Turkmenistán
               For Turkmenistan
               Für Turkmenistan
               Για το Τουρκμενιστάν
               For Turkmenistan
               Pour le Turkménistan
               Per il Turkmenistan
               Voor Turkmenistan
               Pelo Turquemenistão
               Turkmenistanin puolesta
               På Turkmenistans vägnar
               Туркменнстаньн адындан

            Joint declaration on personal data
            In applying the agreement, the Parties are aware of the necessity of an adequate protection of individuals with regard to the processing of personal data and on the free movement of such data.

            Joint declaration concerning Article 7 of the Agreement
            The Community and Turkmenistan declare that the text of the safeguard clause does not grant GATT safeguard treatment.

            Joint declaration concerning Article 8 of the Agreement
            Until Turkmenistan accedes to the WTO, the Parties shall hold consultations in the Joint Committee on Turkmenistan’s import tariff policies, including changes in tariff protection. In particular, such consultations shall be offered prior to the increase of tariff protection.

            Joint declaration concerning Article 15 of the Agreement
            Within the limits of their respective competences, the Parties agree that for the purpose of this Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programs, and neighbouring rights, the rights relating to patents, industrial designs, geographical indications, including appellations of origin, trademarks and service marks, topographies of integrated circuits as well as protection against unfair competition as referred to in Article 10bis of the Paris Convention for the protection of Industrial Property and protection of undisclosed information on know-how.

            Joint declaration concerning article 28 of the agreement

                        1.

                        The Parties agree, for the purpose of its correct interpretation and its practical application, that the term ‘cases of special urgency’ included in Article 28 of the Agreement means cases of material breach of the Agreement by one of the Parties. A material breach of the Agreement consists in

                                    (a)

                                    repudiation of the Agreement not sanctioned by the general rules of international law;
                                    or

                                    (b)

                                    violation of the essential elements of the Agreement set out in Article 1.

                        2.

                        The Parties agree that the ‘appropriate measures’ referred to in Article 28 are measures taken in accordance with international law. If a party takes a measure in a case of special urgency as provided for under Article 28, the other party may avail itself of the procedure relating to settlement of disputes.

            Unilateral Declaration by Turkmenistan concerning the protection of intellectual, industrial and commercial property rights
            Turkmenistan declares that:

                        1.

                        By the end of the fifth year after entry into force of the Agreement, Turkmenistan shall accede to the multilateral conventions on intellectual, industrial and commercial property rights referred to in paragraph 2 of this Declaration to which Member States of the Community are parties or which are de facto applied by Member States according to the relevant provisions contained in these conventions.

                        2.

                        Paragraph 1 of this Declaration concerns the following multilateral conventions:

                                    —

                                    Berne Convention for the Protection of Literary and Artistic Works (Paris Act, 1971),

                                    —

                                    International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Rome, 1961),

                                    —

                                    Madrid Agreement concerning the International Registration of Marks (Stockholm Act, 1967, and amended in 1979),

                                    —

                                    Protocol relating to the Madrid Agreement concerning the International Registration of Marks (Madrid, 1989),

                                    —

                                    Nice Agreement concerning the International Classification of Goods and Services for the purposes of the Registration of Marks (Geneva 1977, amended 1979),

                                    —

                                    Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the purposes of Patent Procedures (1977, modified in 1980),

                                    —

                                    International Convention for the Protection of New Varieties of Plants (UPOV) (Geneva Act, 1991).

                        3.

                        Turkmenistan confirms the importance it attaches to the obligations arising from the following multilateral conventions:

                                    —

                                    Paris Convention for the Protection of Industrial Property (Stockholm Act, 1967 and amended in 1979),

                                    —

                                    Patent Cooperation Treaty (Washington 1970, amended and modified in 1979 and 1984).

                        4.

                        From the entry into force of this Agreement, Turkmenistan shall grant to Community companies and nationals, in respect of the recognition and protection of intellectual, industrial and commercial property, treatment no less favourable than that granted by it to any third country under bilateral agreements.

                        5.

                        The provisions of paragraph 4 shall not apply to advantages granted by Turkmenistan to any third country on an effective reciprocal basis or to advantages granted by Turkmenistan to another country of the former USSR.

            Exchange of letters between the European Community and Turkmenistan amending the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, as regards the authentic language versions
            Sir,
            The Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, was signed on 10 November 1999.
            Article 31 of the Interim Agreement designates the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Turkmen language versions as authentic versions of this agreement.
            Following the increase in the number of official languages of the institutions of the European Community, in particular following the accession of 12 new Member States to the European Union since the signature of the Interim Agreement, it is necessary that the Bulgarian, Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Romanian, Slovak and Slovene language versions of the Interim Agreement are also designated as authentic versions of the Interim Agreement and that Article 31 of the Interim Agreement is amended accordingly.
            You will find these additional language versions attached to the present letter.
            I would be grateful if you could express Turkmenistan’s acceptance of the attached language versions as authentic language versions of the Interim Agreement and Turkmenistan’s agreement to the corresponding amendment of Article 31 of the Interim Agreement.
            This Instrument will enter into force on the date of its signature.
            Please accept, Sir, the assurance of my highest consideration.

                  For the European Community

            Sir,
            I have the honour to acknowledge receipt of your letter of today’s date and the Annexed language versions of the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, which reads as follows:

               ‘The Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, was signed on 10 November 1999.
               Article 31 of the Interim Agreement designates the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Turkmen language versions as authentic versions of this agreement.
               Following the increase in the number of official languages of the institutions of the European Community, in particular following the accession of 12 new Member States to the European Union since the signature of the Interim Agreement, it is necessary that the Bulgarian, Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Romanian, Slovak and Slovene language versions of the Interim Agreement are also designated as authentic versions of the Interim Agreement and that Article 31 of the Interim Agreement is amended accordingly.
               You will find these additional language versions attached to the present letter.
               I would be grateful if you could express Turkmenistan’s acceptance of the attached language versions as authentic language versions of the Interim Agreement and Turkmenistan’s agreement to the corresponding amendment of Article 31 of the Interim Agreement.
               This Instrument will enter into force on the date of its signature.’

            I have the honour to express Turkmenistan’s acceptance of the language versions attached to that letter as authentic language versions of the Interim Agreement and Turkmenistan’s agreement to the corresponding amendment of Article 31 of the Interim Agreement.
            As set out in your letter, this instrument will enter into force on the date of its signature.
            Please accept, Sir, the assurance of my highest consideration.

                  For Turkmenistan


title: 2011/558/EU: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the European Union general budget for the financial year 2009, Section IV — Court of Justice#Resolution of the European Parliament of 10 May 2011 with observations forming an integral part of its Decision on discharge in respect of the implementation of the European Union general budget for the financial year 2009, Section IV — Court of Justice

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/89

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the European Union general budget for the financial year 2009, Section IV — Court of Justice
   (2011/558/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the European Union general budget for the financial year 2009 (1),

               —

               having regard to the final annual accounts of the European Union for the financial year 2009 (SEC(2010) 963 — C7-0214/2010) (2),

               —

               having regard to the Court of Justice’s annual report to the discharge authority on internal audits carried out in 2009,

               —

               having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2009, together with the 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 287 of the Treaty on the Functioning of the European Union (4),

               —

               having regard to Article 272(10) and Articles 274, 275 and 276 of the EC Treaty and Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A7-0137/2011),

               1.

               Grants the Registrar of the Court of Justice discharge in respect of the implementation of the Court of Justice budget for the financial year 2009;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 69, 13.3.2009.

      (2)  OJ C 308, 12.11.2010, p. 1.

      (3)  OJ C 303, 9.11.2010, p. 1.

      (4)  OJ C 308, 12.11.2010, p. 129.

      (5)  OJ L 248, 16.9.2002, p. 1.

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 10 May 2011
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the European Union general budget for the financial year 2009, Section IV — Court of Justice
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the European Union general budget for the financial year 2009 (1),

                  —

                  having regard to the final annual accounts of the European Union for the financial year 2009 (SEC(2010) 963 — C7-0214/2010) (2),

                  —

                  having regard to the Court of Justice’s annual report to the discharge authority on internal audits carried out in 2009,

                  —

                  having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2009, together with the 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 287 of the Treaty on the Functioning of the European Union (4),

                  —

                  having regard to Article 272(10) and Articles 274, 275 and 276 of the EC Treaty and Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

                  —

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

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control (A7-0137/2011),

                  1.

                  Notes that in 2009 the Court of Justice had commitment appropriations available amounting to a total of EUR 318 000 000 (EUR 297 000 000 in 2008), with a utilisation rate of 98,50 %, which is above the average of the other institutions (97,69 %);

                  2.

                  Notes that in the course of preparation of the annual report concerning the financial year 2009, the Court of Auditors performed an in-depth assessment of supervisory and control systems in the Court of Justice, the European Ombudsman and the European Data Protection Supervisor, which included the examination of an additional sample of transactions involving payments relating to human resources and to other administrative expenditure;

                  3.

                  Notes that the Court of Auditors’ in-depth assessment at the Court of Justice related to a random sample of 54 transactions covering a wide range of the activities and departments of the Court of Justice, representing a substantial part of its annual budget, and that assessment had broadly positive results;

                  4.

                  Notes that the Court of Auditors indicated in its annual report that the Court of Justice failed to anticipate the expiry of a framework contract, and ordered services amounting to EUR 102 000 without applying competitive procurement procedures; also recalls for the financial year 2008, the observations of the Court of Auditors, concerning a contract concluded for the provision of services, highlighted weaknesses in the internal control system for performing this tendering procedure and breach of the Financial Regulation and of its Implementing Rules (6);

                  5.

                  Takes note of the Court of Justice’s reply and its motives; endorses, however, the suggestion of the Court of Auditors that procurement procedures should be better prepared and coordinated;

                  6.

                  Notes that apart from the comments on the abovementioned contract concluded for the provision of services, the annual report of the Court of Auditors did not point out any other observations as regards the Court of Justice;

                  7.

                  Commends the Court of Auditors’ observation that the Court of Justice’s supervisory and control systems relating to the management and payment of remuneration and allowances are, in general, capable of discovering any errors or irregularities;

                  8.

                  Notes with satisfaction the effective operation of the Court of Justice’s Internal Audit Unit, that it monitors the action taken on recommendations made in audits carried out in previous years, and that its recommendations were duly put into operation; notes that two audits were carried out in 2009: an internal audit on management of interpreting and of expenditure in relation to external interpreters, and an internal audit on works of art; given the particular difficulties in the sphere of interpretation, invites the Court of Justice to follow-up on the action taken;

                  9.

                  Welcomes the increase in the number of cases completed by the Court of Justice (377 judgments and 165 orders compared to 333 and 161 respectively in 2008), and takes note of the number of preliminary ruling cases being the highest ever (302); however, notes that in 2009 the number of cases submitted has decreased in comparison to 2008 (561 instead of 592); notes that the duration of the proceedings was practically unchanged, and welcomes the decrease in the number of cases pending at the end of 2009 (741 cases compared to 768 cases at the end of 2008);

                  10.

                  Notes with concern that the General Court in 2009 showed a decrease in the number of cases decided and an increase of the duration of the proceedings and that consequently, although the number of new cases in 2009 was lower (568 new cases compared to 629 in 2008), the backlog of pending cases continued to increase (from 1 178 in 2008 to 1 191 in 2009);

                  11.

                  Welcomes the fact that the Civil Service Tribunal closed more cases than ever before (155 cases), and that the average duration of a procedure was 15,1 months compared to 17 months in 2008, as a result the number of pending cases continues to decrease (from 217 in 2008 to 175 in 2009), while the number of new applications remains almost constant (113 in 2009 compared to 111 in 2008);

                  12.

                  Welcomes the ongoing successful cooperation in the sphere of training with other institutions and with the European Administrative School, as well as effective interinstitutional cooperation in development and installation of the integrated management system;

                  13.

                  Takes note of the modernisation of the Court of Justice’s work methods, in particular the computerisation of the Registry of the Court of Justice, where the Paper Register dating back to 1952 has finally been replaced by an Electronic Register; urges the Court of Justice to report on the progress in introduction of other IT developments, for instance, the ‘e-curia’ application, in its upcoming annual reports;

                  14.

                  Notes the difficulties the Court of Justice experienced as regards recruitment of qualified conference interpreters, and the limitations as well as the need to use a range of interpretation techniques in order to be able to qualitatively and quantitatively satisfy all requests for interpretation; given the importance of interpretation for proper functioning of judicial work, invites the Court of Justice to report on this in its upcoming annual reports;

                  15.

                  Commends good interinstitutional cooperation on buildings, security, environmental protection and administrative management; invites the Court of Justice to provide more information on the outcome of the analysis as regards the needs not met by buildings from the perspective of 2014, and the resulting report, as well as the Court of Justice buildings policy in general;

                  16.

                  Welcomes the practice established by the Court of Justice of including in its Annual Activity Report a chapter outlining the follow-up during the year to Parliament’s previous discharge decisions and to reports of the Court of Auditors.

         (1)  OJ L 69, 13.3.2009.

         (2)  OJ C 308, 12.11.2010, p. 1.

         (3)  OJ C 303, 9.11.2010, p. 1.

         (4)  OJ C 308, 12.11.2010, p. 129.

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

         (6)  Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 357, 31.12.2002, p. 1).


title: 2012/564/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the European Centre for the Development of Vocational Training for the financial year 2010#Resolution of the European Parliament of 10 May 2012 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Centre for the Development of Vocational Training for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/148

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the European Centre for the Development of Vocational Training for the financial year 2010
   (2012/564/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Centre for the Development of Vocational Training for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Centre for the Development of Vocational Training for the financial year 2010, together with the Centre’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 Regulation (EEC) No 337/75 of the Council of 10 February 1975 establishing a European Centre for the Development of Vocational Training (3), and in particular Article 12a 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 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 Employment and Social Affairs (A7-0129/2012),

               1.

               Grants the Director of the European Centre for the Development of Vocational Training discharge in respect of the implementation of the Centre’s budget for the financial year 2010;

               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 Director of the European Centre for the Development of Vocational Training, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 366, 15.12.2011, p. 127.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 39, 13.2.1975, p. 1.

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

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 10 May 2012
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Centre for the Development of Vocational Training for the financial year 2010
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Centre for the Development of Vocational Training for the financial year 2010,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Centre for the Development of Vocational Training for the financial year 2010, together with the Centre’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 Regulation (EEC) No 337/75 of the Council of 10 February 1975 establishing a European Centre for the Development of Vocational Training (3), and in particular Article 12a 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 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 Employment and Social Affairs (A7-0129/2012),

                  A.

                  whereas the Court of Auditors has stated that it has obtained reasonable assurances that the annual accounts of the European Centre for the Development of Vocational Training (‘the Centre’) for the financial year 2010 are reliable and that the underlying transactions are legal and regular,

                  B.

                  whereas on 10 May 2011 Parliament granted the Director of the Centre discharge for the implementation of its budget for the financial year 2009 (5), and in its resolution accompanying the discharge decision, inter alia:

                              —

                              called on the Centre to apply more effectively the budgetary principles of specification and transparency,

                              —

                              took note that the Centre has carried appropriations forward (31 % of the administrative expenditure — Title II) and cancelled payment appropriations (24 % of total appropriations for operating activities),

                              —

                              called on the Director of the Centre to provide more specific information on the content of the 15 recommendations still opened on 31 December 2008 and the 14 new recommendations still opened on 31 December 2009, in both cases by the Internal Audit Service (IAS),

                              —

                              called on the Centre to inform the discharge authority of the steps taken in respect of the procedure for decommitments in order to improve transparency of the inventory assets,

                  C.

                  whereas the overall budget of the Centre for the financial year 2010 was EUR 18 300 000, which represents a decrease of 1,6 % compared to 2009,

                  D.

                  Whereas the contribution of the Union to the budget of the Centre for the financial year 2010 was EUR 16 920 000, which represents an increase of 2 % compared with 2009,

         Budget and financial management

                  1.

                  Notes from the Centre’s annual accounts for the financial year 2010 (CAA) that in mid-December 2010 the Centre was granted a supplementary and amending budget to the value of EUR 810 000 to fund studies requested by DG Employment in the field of skill need forecasting;

                  2.

                  Takes note of the Governing Board’s statement in its opinion on the Centre’s 2010 final Annual Account that the 2010 budget financed by the Union contribution has been 99 % implemented;

                  3.

                  Notes also from the CAA that the representation expenses and the meeting expenses increased respectively by 233 % and 37 % compared with 2009; acknowledges receipt of the justification for these increases in such expenses by letter of 23 February 2012; notes in particular that the increase in representation expenses was generated by the organisation of a reception for the departure of the former Director; invites the Centre to limit representation and meeting expenses to real needs;

                  4.

                  Observes that the Centre receives annual contributions from two non-Member States who benefit from its work; notes that Norway and Iceland’s contribution to the Centre’s budget for the financial year 2010 amounted to EUR 421 308; recalls that these funds are managed as assigned revenue, requiring them to be committed for specific projects; notes that in 2010 the target for using these funds was not met by the Centre; stresses that, for the financial year 2009, the Court of Auditors already commented on the Centre’s shortcomings in using these funds; acknowledges receipt of the explanation for this situation by letter of 23 February 2012; welcomes in this respect the fact that, in 2011, the target was reached and 100 % of the planned budget was executed; takes note of the Centre’s statement that the 2010 foreseen target was not reached due to the postponement of repairs to the Centre’s buildings; notes also the Centre’s commitment to exhaust the previous years’ contributions from Norway and Iceland in 2012; calls on the Centre to keep the discharge authority informed of the use of these contributions;

         Carryover appropriations

                  5.

                  Notes from the CAA that the Centre carried forward from 2010 to 2011 EUR 794 700 of Title I (Staff) and Title II (Administrative expenditure) appropriations; recalls that automatic carryovers of appropriations only concern expenses related to Titles I and II;

                  6.

                  Notes also from the CAA that a non-automatic carryover was made to the value of EUR 55 910 relating to expenditure under Title II;

                  7.

                  Notes some improvements as cancelled payment appropriations were down from 24 % in 2009 to 14 % in 2010; welcomes, in addition, the Centre’s commitment to further reduce its carryovers by monitoring through standardised templates of budget execution (commitments, payments) and procurement progress;

                  8.

                  Calls nevertheless on the Centre to put further efforts into reducing carryover appropriations in order to respect the principle of annuality more fully; reminds the Centre that this can be done by improved refinements to its programming and monitoring system and by initiating contracting earlier in the calendar year;

         Transfers

                  9.

                  Welcomes the fact that the Centre was able to assure the discharge authority that it effectively applied the principle of transparency by regularly reporting to its Governing Board on all transfers between budget lines throughout the year; notes, in particular, that as of 20 September 2011 five transfers of commitment appropriations (of a maximum of EUR 35 000) had been made by the Centre between budget lines and that the Governing Board was regularly informed of those transfers; calls nevertheless on Centre to reduce as much as possible those transfers in order also to apply the principle of specification;

         Human resources (HR)

                  10.

                  Acknowledges that the Director left the Centre on 15 October 2010 at the end of its mandate to take up another position at the Italian agency for vocational education and training, employment, and social policy;

                  11.

                  Observes from its Annual Activity Report (AAR) that on 31 December 2010 the Centre employed 96 staff, 5 posts fewer than provided for in its establishment plan; notes that 24 contract staff and 5 seconded national experts were also added to the total number of staff and the ratio between operational and administrative staff distribution was of 90/35;

                  12.

                  Takes note of the Governing Board’s statement in its opinion on the Centre’s 2010 final Annual Account that the recruitment procedures for all five open posts were in progress or had been successfully completed by 31 December 2010;

                  13.

                  Welcomes the fact that the Centre finalised an online tool for recruitment RECON — Recruitment Online, in 2010, which will help the Centre increase the speed and efficiency of its recruitment;

         Performance

                  14.

                  Notes with satisfaction that the Centre made available, as requested by the discharge authority, Gantt charts for all key operational activities of 2011; reminds the Centre that these charts outline, in a concise way, the amount of time spent by each staff member on a project and encourage an approach geared towards achieving results;

                  15.

                  Notes from the Centre’s AAR that the performance measurement system (PMS) has been fully implemented and encourages the Centre to further develop qualitative assessments to supplement the more quantitative PMS indicators;

         Internal audit

                  16.

                  Takes note from the Centre that it has still to implement certain IAS recommendations made in the context of the HR-management 2008 and the Ethics 2009 audits; acknowledges receipt of explanatory information by letter of 23 February 2012; welcomes the fact that for the 2008 HR-management audit, 13 of the 14 recommendations have been implemented; welcomes in addition the fact that for the 2009 Ethics audit, 16 of the 17 recommendations have been implemented; calls on the Centre to inform the discharge authority of the implementation progress of the remaining recommendations;

                  17.

                  Notes from the Centre’s AAR that in 2010 the IAS performed a risk assessment of ICT; welcomes the implementation of all actions planned by the Centre as at 31 December 2011, following the findings of this IT risk assessment;

                  18.

                  Also, takes note that in April 2010 the IAS made another audit on the Centre’s AAR and Building Block of Assurance within the Centre; acknowledges from the Centre that the IAS final report was made available to the Centre on 5 July 2010 and that this report provided reasonable assurance in respect of achieving of the annual reporting, including the Director’s declaration of assurance; welcomes the information provided by the Centre by letter of 23 February 2012 to the effect that all seven of the IAS recommendations have been implemented by end of December 2011;

                  19.

                  Observes from its AAR that the Centre has started to implement new Internal Control Standards (ICS) in 2009 and baseline requirements were fully met by the end of 2010 with the exceptions of ICS 8 and ICS 10; welcomes the information received by letter of 23 February 2012 to the effect that all baseline requirements for ICS 8 were fully met by end of 2011; takes note of the Centre’s commitment to meet the baseline requirements for ICS 10 during the first semester of 2012;

         Internal Audit Capability (IAC)

                  20.

                  Notes from the Centre’s AAR that the IAC audit plan 2010 envisaged several ex-post and in process audits of procurement procedures, notably for the study of contracts and grant procedures; further notes that following an IAC audit of grant procedures the Centre proceeded to recover amounts paid to national grant beneficiaries totalling EUR 23 647,67;

                  21.

                  Is concerned that the IAC left the Centre on 31 August 2010; is of the view that the IAC’s reports could lead to further improvements in the internal control measures for procurement and grant procedures;

                  22.

                  Acknowledges nevertheless observations from the Centre that the IAC functions are now covered either by external contractors (for example, an audit of the Centre’s financial software (FIBUS) was contracted out and concluded in 2011) or by internal project groups;

                  23.

                  Draws attention to its recommendations from previous discharge reports, as set out in the Annex to this resolution;

                  24.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2012 (6) on the performance, financial management and control of the agencies.

         (1)  OJ C 366, 15.12.2011, p. 127.

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

         (3)  OJ L 39, 13.2.1975, p. 1.

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

         (5)  OJ L 250, 27.9.2011, p. 130.

         (6)  Texts adopted, P7_TA(2012)0164 (see page 388 of this Official Journal).

      ANNEX

         EUROPEAN PARLIAMENT RECOMMENDATIONS OVER THE PAST YEARS

                  European Centre for the Development of Vocational Training

                  2006

                  2007

                  2008

                  2009

                  Performance

                  n.a.

                  Objectives and performance indicators are often not measurable → the Centre should improve its programming. It should establish a clear and consistent link between the set objectives and the implementation of the budgetary resources needed to achieve them

                              —

                              Calls on the Centre to set SMART objectives and RACER indicators, as well as to make a Gannt diagram → promoting a result-oriented approach

                              —

                              Calls on the Centre to set out a diachronic analysis of operations carried out in this and the previous years

                              —

                              Calls on Centre and the European Training Foundation to publish a detailed follow-up report on the cooperation agreement in their 2009 activity report

                  Calls on the Centre to set out a clear comparison of the operations that were carried out during the year for which discharge is to be granted and during the previous financial year

                  Budgetary and financial management

                              —

                              The principle of specification was not strictly observed: 43 % of the commitments were carried over to the following financial year. For operating activities more than 20 % of the payment appropriations were cancelled. High number of budget transfers

                              —

                              Transparency issues in the procurement procedures

                  n.a.

                  Weaknesses in the programming and monitoring of differentiated appropriations for operating activities: 25 % of the payment appropriations were carried forward

                  Calls on the Centre to apply more effectively the budgetary principles of specification and transparency

                  Human resources

                  Transparency issues: in two cases, the Centre did not check correctly the necessary professional experience required by the vacancy notice during the pre-selection phase

                  n.a.

                  n.a.

                  Notes that the Centre has introduced changes in its recruitment procedures following remarks by the Court of Auditors in its 2009 report calling on the Centre to further improve transparency; welcomes, the Centre’s initiative, since June 2010, in respect of questions in written tests and interviews before pre-selection

                  Internal audit

                  The internal control procedures were not complete

                  n.a.

                  Calls on the Centre to fulfil 15 out of 30 recommendations made by the IAS: i.e. human resources management (staff performance, setting personal objectives and fixing the roles and responsibilities of the Staff Committee)

                              —

                              Calls on the Director of the Centre to provide specific information on the content of the 15 recommendations made on 31 December 2008 and the new 14 recommendations made on the 31 December 2009 in both cases by the IAS

                              —

                              Calls on the Centre to inform the discharge authority of the steps taken in respect of procedure for decommitments in order to improve transparency of the inventory of assets. In addition the Centre started to document the main control processes