title: 2013/576/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the European Food Safety Authority for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/228

      DECISION OF THE EUROPEAN PARLIAMENT

   of 17 April 2013
   on discharge in respect of the implementation of the budget of the European Food Safety Authority for the financial year 2011
   (2013/576/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Food Safety Authority for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Food Safety Authority for the financial year 2011, together with the Authority’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

               —

               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 (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council (4) establishing a European Food Safety Authority, and in particular Article 44 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 (5), 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 the Environment, Public Health and Food Safety (A7-0074/2013),

               1.

               Grants the Executive Director of the European Food Safety Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2011;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the European Food Safety Authority, 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 388, 15.12.2012, p. 92.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 31, 1.2.2002, p. 1.

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

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      of 17 April 2013
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Food Safety Authority for the financial year 2011
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Food Safety Authority for the financial year 2011,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Food Safety Authority for the financial year 2011, together with the Authority’s replies (1),

                  —

                  having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

                  —

                  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) (‘the Financial Regulation’), and in particular Article 185 thereof,

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

                  —

                  having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council (4) establishing a European Food Safety Authority, and in particular Article 44 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 (5), 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 the Environment, Public Health and Food Safety (A7-0074/2013),

                  A.

                  whereas the Court of Auditors has stated that it has obtained reasonable assurances that the annual accounts of the European Food Safety Authority (‘the Authority’) for the financial year 2011 are reliable and that the underlying transactions are legal and regular,

                  B.

                  whereas the Authority’s budget for the financial year 2011 was EUR 77 309 800, compared to EUR 74 700 000 in 2010, which represents an increase of 3,49 %; whereas the Authority is wholly financed by a contribution from the Union,

         Budgetary and financial management

                  1.

                  Acknowledges that budget monitoring efforts during the financial year continue to contribute to the consistently high budget implementation rate of 98,47 % (98,8 % in 2010);

                  2.

                  Notes that the payment appropriations execution rate was 82,05 %, which represents a minor decrease in comparison to the previous year (83,51 %);

                  3.

                  Notes that in 2011 an amount of EUR 78 800 000 was made available from the Union budget to the Authority; takes note that 334 posts out of 355 had been filled by the end of 2011 and that 109 contract agents and seconded national experts were employed by the Authority; asks the Authority to improve the occupation rate but is fully aware that the Authority is faced with certain shortcomings concerning transport, due to its location;

                  4.

                  Reminds the Authority to respect in an improved way the principle of annuality; considers the year 2011 special, due to the movement to the new headquarters and the delayed settlement of payments in this respect;

         Building’s policy

                  5.

                  Notes that the Authority purchased a new headquarters building in December 2011 for EUR 36,8 million which will be paid in quarterly instalments over 25 years, resulting in interest payments of EUR 18,5 million; notes, moreover, that the Court of Auditors questioned whether a more economic alternative could have been sought from the budgetary authority in accordance with the principle of sound financial management and ensuring full respect of the Financial Regulation;

                  6.

                  Acknowledges from the Authority that it submitted the building project to the budgetary authority in 2005 with a deferred purchase price payment agreement over 25 years, and the budgetary authority approved the building project; notes that at the Court of Auditors’ suggestion, a request was made to the Commission to seek additional payment credits in order to cover the full purchase with only one down-payment; notes, however, that there was no possibility to increase the appropriations towards the Authority to cover a single down-payment in the current climate of tight expenditure; notes that the modalities adopted for that purchase led to a reduction of the cost of the Authority’s premises in comparison to the rent solution previously used;

         Transfers

                  7.

                  Notes from the Court of Auditors’ report and the Authority’s annual activity report (AAR) that in 2011, 13 budgetary transfers were made; notes that, in particular, EUR 2,46 million was transferred from Title I to the infrastructure and IT budget lines of Title II, aiming to provide the resources for the adaptation of IT systems and financial systems related to the reorganisation and the migration to the accrual-based accounting financial system, and to reinforce the resources available for the move to the final seat and equipment for the final seat; notes, moreover, that transfers were carried out within Titles II and III; notes with concern the Court of Auditors’ remark that the situation indicates weaknesses in budget planning and implementation and is at odds with the principle of specification;

         Conflict of interest and transparency

                  8.

                  Welcomes the fact that the Court of Auditors carried out an audit aimed at evaluating the policies and procedures for the management of conflict of interest situations for four European agencies, including the European Food Safety Authority and presented the results of the audit in the Court of Auditors’ Special Report No 15/2012;

                  9.

                  Notes with concern that according to the findings of the Court of Auditors, at the time of completion of the field work (October 2011), the Authority did not adequately manage conflict of interest situations; notes, however, that in the meantime, the Authority had already developed advanced policies for managing conflicts of interest; is concerned, nevertheless, that these policies have not led to the desired results;

                  10.

                  Welcomes the organisation of a mandatory session on ethics and integrity for all members of the Management Board in October 2012; calls on the Management Board to enforce effectively its Code of Conduct and adopt provisions preventing and sanctioning revolving door cases in order to avoid situations similar to that of its former Chairperson in the future;

                  11.

                  Notes that the Authority scheduled an evaluation of its independence policy by the end of 2013 and committed to consider, inter alia, the possibility of publishing the outcomes of breaches of trust procedures, including the outcomes of the procedure verifying the integrity of the scientific review and to broaden and reinforce the mandate of its Committee on Conflict of Interests, for instance with a similar mandate to the Committee for Ethical Standards and Prevention of Conflict of Interest of the French Agency for Food, Environmental and Occupational Health and Safety (ANSES); expects the Authority to inform the discharge authority on this matter before October 2013 if possible;

                  12.

                  Calls on the Authority to start a structured dialogue with civil society on matters relating to conflicts of interest and to invite those organisations concerned to openly discuss matters of common interest based on a agreed agenda and to inform the discharge authority on the outcome of these deliberations at least twice a year; notes that the Authority has intensified this dialogue with stakeholders and civil society; considers that those dialogues need to be institutionalised and taken into account by the Management Board of the Authority;

                  13.

                  Is concerned that the Authority was criticised for a lack of transparency with respect to the publication of annual declarations of interest and the absence of training on conflicts of interest; demands that action be taken on those issues and urges the Authority to report back to the discharge authority on the activities taken; welcomes the fact that all annual declarations of interests of the Authority’s experts are now published and accessible on the Authority’s website;

                  14.

                  Urges the Authority to keep conflicts of interest high on the priority list in order to protect its credibility and to safeguard the public’s trust in food safety, and to indicate, as detailed and precisely as possible, how it will implement the main recommendations from the report of the Court of Auditors and from Parliament’s resolutions; urges the Authority to consider conflicts of interest with the utmost care, given the start of the revision of its founding regulation, which provides an opportunity to reach the highest governance standards as described by the Organisation for Economic Cooperation and Development(OECD), and which would influence positively the Authority’s governance structure, independence and scientific quality; considers that the revision of the founding regulation of the Authority is a major opportunity to initiate radical change at the Authority, who is responsible for objective scientific advice on food and environmental safety at Union level;

                  15.

                  Strongly suggests that in order to prevent the Authority’s staff from moving directly from their position to work in a similar post in industry or related lobby-agency, or vice versa, an adequate cooling off period should be established and respected for the specific areas of work, in order to avoid conflicts of interest;

                  16.

                  Notes that the Authority has taken a number of steps following the Court of Auditors’ audit and publication of the Special Report No 15/2012, inter alia:

                              —

                              in 2007, the Authority introduced a comprehensive framework for avoiding potential conflicts of interest, and since then, it has regularly reviewed and updated it,

                              —

                              since 2011, the Authority has strengthened that framework with the adoption of its revised policy on independence and scientific decision-making processes; is, however, concerned about the adequacy of the revised policy, pointing to numerous cases of conflict of interests exposed in 2012 by two watchdog non-governmental organisations (NGOs) - Corporate Europe Observatory and Earth Open Source; demands that further improvements, including the banning of links with industry-related bodies, be made to the Authority’s independence policy,

                              —

                              at the end of 2013, a review of the Authority’s policy and implementing rules on independence is scheduled,

                              —

                              in July 2012, the Authority applied the framework provided by the Commission on ethics and integrity and has adopted a specific gift policy,

                              —

                              in 2012, an ethics adviser was appointed;

                        urges the Authority to continue to act on the recommendations of the Court of Auditors in order to avoid any conflicts of interest among its various governing and operational structures and to report to the discharge authority on the implementation of the abovementioned policies and procedures, as well as on any further developments as regards the management of conflicts of interest before October 2013;

                  17.

                  Acknowledges the Authority’s efforts to improve its prevention and management of conflict of interests; notes, however, that the independence and competence of its external experts remain questioned by watchdog NGOs or even fellow food safety experts as for instance in the case of the working group on endocrine disruptors experts; emphasises the fact that as a consequence, the Authority’s work is challenged such as during the Joint JRC-NIEHS Workshop on Low Dose Effects of Endocrine Active Chemicals in Berlin in December 2012;

                  18.

                  Notes that the Management Board elected its Chair in a publicly-held meeting; recalls, however, that in the 2010 discharge procedure, Parliament called for an open ballot for electing the Management Board’s Chair and expects its request to be implemented;

                  19.

                  Notes that the OECD guidelines, on which the Court of Auditors has based its work on the Special Report No 15/2012, while offering an international benchmark on the issue, are not designed for an agency and do not meet the specific needs of the decentralised agencies; commends the Commission’s intention to come up with guidelines on the management of conflicts of interest, as provided for in its ‘Roadmap on the follow-up to the Common Approach on EU decentralised agencies’;

                  20.

                  Underlines the Authority’s commitment to launch its first evaluation of a random sample of declarations of interest in October2012 to verify their coherence with its newly adopted independence policy and implementing rules; notes however that protocols still needed to be completed, which led to the postponement of the evaluation; calls on the Authority to inform the discharge authority on the reasons behind this delay and on the calendar foreseen for the organisation of the evaluation;

                  21.

                  Welcomes the Authority’s plans to start a pilot project in 2013 to source part of the scientific work that is currently carried out by external experts within Working Groups in the area of regulated products; notes that this initiative will kick-off in the areas of food ingredients and GMO; requests that the Authority provide the discharge authority with more information on progress made;

                  22.

                  Notes with satisfaction that since 2011, the Authority has introduced in its AAR a special section describing the actions taken to implement its independence policy, thus partly answering the recommendation formulated in Parliament’s resolution of 23 October 2012 on discharge to the Authority for the financial year 2010 (6);

                  23.

                  Welcomes the fact that the curricula vitae of the Authority’s Executive Director, Senior management and panel experts are now available on its website together with their respective declaration of interest; notes the Authority’s efforts for greater transparency but remains of the opinion that these provisions should also apply to any in-house expert, as expressed during the 2010 discharge procedure; understands that work on this issue is ongoing; calls on the Authority to inform the discharge authority of the progress made on this matter as soon as possible;

         Internal audit

                  24.

                  Notes from the Authority that in 2011 the Internal Audit Service (IAS) of the Commission carried out an assurance audit of operational planning and budgeting, while the Internal Audit unit (IA) carried out three assurance audits, namely the process of selection of panel members, a special review of expert contributions to scientific opinions (post conflict of interest), as well as an interim review of the cost claimed in relation to the final seat of the Authority;

                  25.

                  Notes with satisfaction that out of 11 recommendations (none ‘critical’, two ‘very important’, seven ‘important’ and two ‘desirable’) made by the IAS audit, all have been accepted by management and five out of six outstanding ‘very important’ recommendations have been implemented and await follow-up by IAS, and implementation of the remaining one is in progress; also notes that the IA had made one very important and two important recommendations, and among its 11 outstanding very important recommendations five are implemented and six are in progress; notes that no critical recommendations remain open;

                  26.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 17 April 2013 (7) on the performance, financial management and control of the agencies.

         (1)  OJ C 388, 15.12.2012, p. 92.

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

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

         (4)  OJ L 31, 1.2.2002, p. 1.

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

         (6)  OJ L 350, 20.12.2012, p. 77.

         (7)  Texts adopted, P7_TA(2013)0134 (See page 374 of this Official Journal).


title: 2012/27/CFSP: Political and Security Committee Decision EUBAM Rafah/2/2011 of 20 December 2011 extending the mandate of the Head of Mission of the European Union Border Assistance Mission at the Rafah Crossing Point (EUBAM Rafah)

text:
               13.1.2012

               EN

               Official Journal of the European Union

               L 9/14

         POLITICAL AND SECURITY COMMITTEE DECISION EUBAM RAFAH/2/2011
   of 20 December 2011
   extending the mandate of the Head of Mission of the European Union Border Assistance Mission at the Rafah Crossing Point (EUBAM Rafah)
   (2012/27/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Joint Action 2005/889/CFSP of 25 November 2005 on establishing a European Union Border Assistance Mission at the Rafah Crossing Point (EUBAM Rafah) (1) and in particular Article 10(1) thereof,
   Whereas:

               (1)

               Pursuant to Joint Action 2005/889/CFSP, the Council authorised the Political and Security Committee (PSC), in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of political control and strategic direction of the EUBAM Rafah mission, including the decision to appoint a Head of Mission.

               (2)

               On 11 November 2008, by Decision EUBAM Rafah/1/2008 (2), the PSC, upon a proposal by the Secretary-General/High Representative, appointed Mr Alain FAUGERAS as Head of Mission of EUBAM Rafah. On 21 May 2010, by Decision EUBAM Rafah/1/2010 (3), the PSC, upon a proposal by the High Representative of the Union for Foreign Affairs and Security Policy (HR), extended the mandate of Mr Alain FAUGERAS until 24 May 2011 and, by Decision EUBAM Rafah/1/2011 (4), that mandate was extended until 31 December 2011.

               (3)

               The HR has proposed to the PSC that it extend the mandate of Mr Alain FAUGERAS as Head of Mission of EUBAM Rafah from 1 January 2012 until 30 June 2012,

         HAS ADOPTED THIS DECISION:
   Article 1
   The mandate of Mr Alain FAUGERAS as Head of Mission of the European Union Border Assistance Mission at the Rafah Crossing Point (EUBAM Rafah) is hereby extended from 1 January 2012 until 30 June 2012.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 20 December 2011.

            For the Political and Security Committee

            The Chairperson

         O. SKOOG

      (1)  OJ L 327, 14.12.2005, p. 28.

      (2)  OJ L 306, 15.11.2008, p. 99.

      (3)  OJ L 126, 22.5.2010, p. 25.

      (4)  OJ L 142, 28.5.2011, p. 63.


title: 2010/462/EU: Commission Decision of 18 August 2010 concerning the adoption of a financing decision on a pilot project to promote consumer empowerment, efficiency and stability of European financial markets through training of consumer associations and similar organisations

text:
               20.8.2010

               EN

               Official Journal of the European Union

               L 219/21

         COMMISSION DECISION
   of 18 August 2010
   concerning the adoption of a financing decision on a pilot project to promote consumer empowerment, efficiency and stability of European financial markets through training of consumer associations and similar organisations
   (2010/462/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on 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 (1) (hereinafter referred to as ‘the Financial Regulation’), and in particular Article 75 thereof,
   Having regard to 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 (2) (hereinafter referred to as ‘the Implementing Rules’), and in particular Article 90 thereof,
   Whereas:

               (1)

               In accordance with Article 75 of the Financial Regulation and Article 90(1) of the Implementing Rules, the commitment of expenditure from the Union budget shall be preceded by a financing decision setting out the essential elements of the action involving expenditure and adopted by the institution or the authorities to which powers have been delegated by the institution.

               (2)

               In accordance with Article 49(6)(a) of the Financial Regulation the current pilot project is a pilot scheme of an experimental nature designed to test the feasibility of an action and its usefulness.

               (3)

               The Budgetary Authority allocated in the Union budget for 2010 EUR 1 million for a pilot project concerning consumer empowerment, efficiency and stability of European financial markets through training.

               (4)

               Three actions are foreseen for implementation for this pilot project, and the financing of these actions should be subject to a single decision.

               (5)

               As financial services are becoming more complex, consumers are more in need of financial advice. A service of general financial advice can empower consumers, and provide information on how to buy financial services smartly. The training of non-profit entities, such as consumer associations and other non-governmental organisations as well as governmental organisations, will enable them to provide better advice to consumers on a wider range of important issues in financial services.

               (6)

               The present financing decision may also cover the payment of interest due for late payment on the basis of Article 83 of the Financial Regulation and Article 106(5) of the Implementing Rules.

               (7)

               It is appropriate to define the terms ‘substantial change’ within the meaning of Article 90(4) of the Implementing Rules for the application of this decision,

         HAS ADOPTED THIS DECISION:
   Sole Article
   The actions referred to in the Annex are hereby approved. They shall be financed through the budget line 17 02 04 of the budget of the European Union for 2010 up to a maximum of EUR 1 000 000. These appropriations may also cover interest due for late payment.
   The amounts indicated in the following descriptions are indicative. Within the maximum indicative budget of all the specific actions, cumulated changes not exceeding 20 % are not considered to be substantial provided that they do not significantly affect the nature and objectives of the pilot project.
   The authorising officer may adopt such changes in accordance with the principles of sound financial management and proportionality.

      Done at Brussels, 18 August 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 248, 16.9.2002, p. 1.

      (2)  OJ L 357, 31.12.2002, p. 1.

      ANNEX
      Domain: Consumer Policy

         Pilot project under budget line 17 02 04

      Legal basis: Article 49(6)(a) of Regulation (EC, Euratom) No 1605/2002
      An appropriation of EUR 1 million is earmarked to launch a pilot project to promote consumer empowerment, efficiency and stability of European financial markets, notably through consumer empowerment in financial services via training actions and the provision of advice to consumers.
      Number of actions planned: DG SANCO plans to run three different actions in the domain of consumer empowerment in financial services via training.
      Training courses in financial services for consumer associations and other interested non-profit parties who provide information and advice to end users of financial services under an existing framework contract. This action will be contracted under an existing framework contract in September 2010 for an amount of EUR 200 000.
      A study to map in each Member State the non-profit entities that provide general advice on financial services to consumers. In addition, the study will assess the best practices for the service of general financial advice. It will also identify any training needs related to financial advice those entities have. An amount of EUR 150 000 will be appropriated for this study for which an open call for tender (service contract) will be launched in August 2010.
      Further training courses in financial services for interested non-profit entities, which provide general advice to consumers on financial services, will be organised as a follow-up to the results of the above mapping study. An amount of EUR 650 000 will be appropriated for this training action for which an open call for tender (service contract) will be launched in May 2011.


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32003D0462

2003/462/EC: Council Decision of 19 May 2003 on the signing on behalf of the European Community and provisional application of a Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation and its Protocol on Claims, Legal Proceedings and Indemnification and approving the conclusion by the Commission on behalf of the European Atomic Energy Community of the abovementioned Agreement and its Protocol

Official Journal L 155 , 24/06/2003 P. 0035 - 0036

Council Decisionof 19 May 2003on the signing on behalf of the European Community and provisional application of a Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation and its Protocol on Claims, Legal Proceedings and Indemnification and approving the conclusion by the Commission on behalf of the European Atomic Energy Community of the abovementioned Agreement and its Protocol(2003/462/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 181a(3) second sentence, in conjunction with Article 300(2) first sentence thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 101, paragraph 2 thereof,Having regard to the proposal from the Commission,Whereas:(1) The Commission has participated on behalf of the Community in the negotiations on a Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation (MNEPR) and a Protocol on Claims, Legal Proceedings and Indemnification, with the Russian Federation.(2) The Commission and the Member States concerned should coordinate their positions prior to the meetings of the MNEPR Committee.(3) Subject to its conclusion, the Agreement and its Protocol should be signed on behalf of the European Community.(4) The conclusion, by the Commission of the Agreement and its Protocol, on behalf of the European Atomic Energy Community, should be approved,HAS DECIDED AS FOLLOWS:Article 1The signing of the Framework Agreement and its Protocol on a Multilateral Nuclear Environmental Programme in the Russian Federation and its Protocol on Claims, Legal Proceedings and Indemnification is hereby approved on behalf of the European Community, subject to the Council Decision concerning the conclusion of the said Agreement.The texts of the Agreement and its Protocol are attached to this Decision.Article 2The conclusion by the Commission on behalf of the European Atomic Energy Community of the Framework Agreement and its Protocol is hereby approved.Article 3The Commission shall represent the Community in the Committee referred to in Article 4 of the Agreement (MNEPR Committee).Article 4The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the Community, the Framework Agreement and its Protocol, subject to its conclusion.Article 5The Agreement and its Protocol shall be applied on a provisional basis from the date of its signature, pending its entry into force.Done at Brussels, 19 May 2003.For the CouncilThe PresidentG. Papandreou


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32004D0113

2004/113/EC: Council Decision of 20 January 2004 on the conclusion of the Agreement between the European Community and Malta on conformity assessment and acceptance of industrial products (ACAA)

Official Journal L 034 , 06/02/2004 P. 0040 - 0041

Council Decisionof 20 January 2004on the conclusion of the Agreement between the European Community and Malta on conformity assessment and acceptance of industrial products (ACAA)(2004/113/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2), the first sentence of the first subparagraph of Article 300(3) and Article 300(4) thereof,Having regard to the proposal from the Commission,Whereas:(1) The Agreement between the European Community and Malta on conformity assessment and acceptance of industrial products (ACAA) was signed in Brussels on 19 December 2003 on behalf of the Community, and should be approved.(2) Appropriate internal procedures should be established to ensure the proper functioning of the Agreement.(3) It is necessary to empower the Commission to make certain technical amendments to the Agreement and to take certain decisions for its implementation,HAS DECIDED AS FOLLOWS:Article 1The Agreement between the European Community and Malta on conformity assessment and acceptance of industrial products (ACAA) (hereinafter referred to as "the Agreement"), together with the declarations attached thereto, are hereby approved on behalf of the European Community.The text of the Agreement and the declarations is attached hereto.Article 2The President of the Council is hereby authorised to designate the person(s) empowered to transmit, on behalf of the Community, the diplomatic note provided for in Article 17 of the Agreement.Article 31. The Commission, after consultation with the special committee appointed by the Council, shall:(a) put into effect the notifications, acknowledgements, suspensions and withdrawals of bodies, and appointment of a joint team or teams of experts, in accordance with Article 10, Article 11 and Article 14(3)(c) of the Agreement;(b) bring about the consultations, exchanges of information and requests for verifications and for participation in verifications, in accordance with Article 3, Article 12 and Article 14(d) and (e), and Sections III and IV of the Annexes to the Agreement concerning electrical safety, electromagnetic compatibility (EMC), machinery, lifts, personal protective equipment (PPE), equipment and protective systems intended for use in potentially explosive atmospheres (ATEX), safety of toys and radio communication and telecommunication terminal equipment (RTTE);(c) if necessary, reply to requests in accordance with Article 11, Sections III and IV of the Annexes to the Agreement concerning electrical safety, electromagnetic compatibility (EMC), machinery, lifts, personal protective equipment (PPE), equipment and protective systems intended for use in potentially explosive atmospheres (ATEX), safety of toys and radio communication and telecommunication terminal equipment (RTTE);2. Following consultation of the special committee referred to in paragraph 1 of this Article, the Commission shall determine the position to be taken by the Community in the Joint Committee with regard to:(a) amendments to the Annexes in accordance with Article 14(3)(a) of the Agreement;(b) additions of new Annexes in accordance with Article 14(3)(b) of the Agreement;(c) any decisions regarding disagreements over the results of the verifications and the suspensions, in part or totally, of any notified body in accordance with the second and third subparagraphs of Article 11 of the Agreement;(d) any measures taken in the application of the safeguard clauses in Section IV of the Annexes to the Agreement concerning electrical safety, electromagnetic compatibility (EMC), machinery, lifts, personal protective equipment (PPE), equipment and protective systems intended for use in potentially explosive atmospheres (ATEX), safety of toys and radio communication and telecommunication terminal equipment (RTTE);(e) any measures concerning the verification, suspension or withdrawal of industrial products as having mutual acceptance pursuant to Article 4 of the Agreement.Done at Brussels, 20 January 2004.For the CouncilThe PresidentC. McCreevy


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31985D0199

85/199/Euratom: Council Decision of 12 March 1985 adopting a research and development programme on the management and storage of radioactive waste (1985 to 1989)

Official Journal L 083 , 25/03/1985 P. 0020 - 0022 Spanish special edition: Chapter 12 Volume 4 P. 0283  Portuguese special edition Chapter 12 Volume 4 P. 0283

+++++( 1 ) OJ NO C 166 , 26 . 6 . 1984 , P . 4 .  ( 2 ) OJ NO C 46 , 18 . 2 . 1985 , P . 63 .  ( 3 ) OJ NO C 343 , 24 . 12 . 1984 , P . 3 .  ( 4 ) OJ NO C 112 , 20 . 12 . 1973 , P . 1 .  ( 5 ) OJ NO C 139 , 13 . 6 . 1977 , P . 1 .  ( 6 ) OJ NO C 46 , 17 . 2 . 1983 , P . 1 .  ( 7 ) OJ NO C 51 , 29 . 2 . 1980 , P . 1 .  ( 8 ) OJ NO C 208 , 4 . 8 . 1983 , P . 1 .  ( 9 ) OJ NO L 78 , 25 . 3 . 1980 , P . 22 .  ( 10 ) OJ NO L 177 , 4 . 7 . 1984 , P . 25 .  COUNCIL DECISION OF 12 MARCH 1985 ADOPTING A RESEARCH AND DEVELOPMENT PROGRAMME ON THE MANAGEMENT AND STORAGE OF RADIOACTIVE WASTE ( 1985 TO 1989 ) ( 85/199/EURATOM )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY , AND IN PARTICULAR ARTICLE 7 THEREOF ,  HAVING REGARD TO THE PROPOSAL SUBMITTED BY THE COMMISSION AFTER CONSULTING THE SCIENTIFIC AND TECHNICAL COMMITTEE ( 1 ) ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,  WHEREAS THE USE OF NUCLEAR ENERGY INEVITABLY INVOLVES THE PRODUCTION OF RADIOACTIVE WASTE ; WHEREAS IT IS THEREFORE ESSENTIAL TO IMPLEMENT EFFECTIVE SOLUTIONS TO GUARANTEE THE SAFETY AND PROTECTION OF MAN AND THE ENVIRONMENT AGAINST THE POTENTIAL RISKS ASSOCIATED WITH THE MANAGEMENT OF SUCH WASTE ;  WHEREAS THE EUROPEAN COMMUNITIES' ACTION PROGRAMME ON THE ENVIRONMENT , WHICH WAS APPROVED BY THE COUNCIL AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES MEETING IN THE COUNCIL IN THE DECLARATION OF 22 NOVEMBER 1973 ( 4 ) , THE CONTINUATION AND IMPLEMENTATION OF WHICH ARE THE SUBJECT OF THE RESOLUTIONS OF 17 MAY 1977 ( 5 ) AND 7 FEBRUARY 1983 ( 6 ) , UNDERLINES THE NEED FOR COMMUNITY ACTION ON THE HANDLING AND STORAGE OF RADIOACTIVE WASTE , AND SPECIFIES THE CONTENT OF AND PROCEDURES FOR IMPLEMENTING SUCH ACTION ;  WHEREAS , BY ITS RESOLUTION OF 18 FEBRUARY 1980 ( 7 ) ON THE IMPLEMENTATION OF A COMMUNITY PLAN OF ACTION ( 1980 TO 1992 ) IN THE FIELD OF RADIOACTIVE WASTE , THE COUNCIL RESOLVED TO ENSURE THE CONTINUITY OF THE R AND D PROGRAMMES IN THIS SPHERE DURING THE PLAN ;  WHEREAS THE COUNCIL RESOLUTION OF 25 JULY 1983 ON THE FRAMEWORK PROGRAMME OF RESEARCH , DEVELOPMENT AND DEMONSTRATION COMMUNITY ACTIVITIES AND ON THE FIRST FRAMEWORK PROGRAMME 1984 TO 1987 ( 8 ) , LISTS THE DEVELOPMENT OF NUCLEAR FISSION ENERGY AMONG THE SCIENTIFIC AND TECHNICAL OBJECTIVES FOR 1984 TO 1987 ;  WHEREAS THE PROGRAMME ON THE MANAGEMENT AND STORAGE OF RADIOACTIVE WASTE ADOPTED BY DECISION 80/343/EURATOM ( 9 ) HAS ENABLED A LARGE AMOUNT OF INFORMATION TO BE OBTAINED WHICH IT IS ADVISABLE TO COMPLETE AND VALIDATE BY THE IMPLEMENTATION OF RESEARCH , DEVELOPMENT AND DEMONSTRATION ACTIONS REPRESENTING THE REAL WASTE MANAGEMENT AND STORAGE CONDITIONS WHICH CAN BE EXPECTED IN THE FUTURE ;  HAVING REGARD TO THE OPINION OF THE SCIENTIFIC AND TECHNICAL RESEARCH COMMITTEE ( CREST ) ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  A RESEARCH AND DEVELOPMENT PROGRAMME OF THE EUROPEAN ATOMIC ENERGY COMMUNITY ON THE MANAGEMENT AND STORAGE OF RADIOACTIVE WASTE , AS DEFINED IN THE ANNEX , IS HEREBY ADOPTED FOR A FIVE-YEAR PERIOD AS FROM 1 JANUARY 1985 .  ARTICLE 2  THE FUNDS ESTIMATED AS NECESSARY FOR THE EXECUTION OF THE PROGRAMME AMOUNT TO 62 MILLION ECU , INCLUDING EXPENDITURE ON A STAFF OF 12 .  ARTICLE 3  DURING THE SECOND YEAR , THE PROGRAMME WILL BE RE-EXAMINED . THE RESULT OF THIS RE-EXAMINATION WILL BE SUBMITTED TO THE COUNCIL AND THE EUROPEAN PARLIAMENT . THIS RE-EXAMINATION MAY LEAD TO THE SUBMISSION BY THE COMMISSION OF A PROPOSAL FOR THE REVISION OF THE PROGRAMME IN ACCORDANCE WITH THE APPROPRIATE PROCEDURES .  ARTICLE 4  THE COMMISSION SHALL IMPLEMENT THE PROGRAMME AND SHALL BE ASSISTED BY THE MANAGEMENT AND COORDINATION ADVISORY COMMITTEE ( CGC ) ( NUCLEAR FISSION ENERGY - FUEL CYCLE/PROCESSING AND STORAGE OF WASTE ) , SET UP BY COUNCIL DECISION 84/338/EURATOM , ECSC , EEC ( 10 ) .  DONE AT BRUSSELS , 12 MARCH 1985 .  FOR THE COUNCIL  THE PRESIDENT  F . M . PANDOLFI  ANNEX  RESEARCH PROGRAMME ON THE MANAGEMENT AND STORAGE OF RADIOACTIVE WASTE ( 1985 TO 1989 )  THE PROGRAMME IS AIMED AT PERFECTING AND DEMONSTRATING A SYSTEM FOR MANAGING THE RADIOACTIVE WASTE PRODUCED BY THE NUCLEAR INDUSTRY ENSURING , AT THE VARIOUS STAGES , THE BEST POSSIBLE PROTECTION OF MAN AND THE ENVIRONMENT .  THE PROGRAMME WILL COVER :  A . WASTE MANAGEMENT STUDIES AND ASSOCIATED R AND D ACTIONS  TASK 1 : SYSTEMS STUDIES  TASK 2 : IMPROVEMENT OF RADIOACTIVE WASTE TREATMENT AND CONDITIONING TECHNOLOGIES  TASK 3 : EVALUATION OF CONDITIONED WASTE AND QUALIFICATION OF ENGINEERED BARRIERS  TASK 4 : RESEARCH IN SUPPORT OF THE DEVELOPMENT OF DISPOSAL FACILITIES ; SHALLOW BURIAL AND GEOLOGICAL DISPOSAL STUDIES  TASK 5 : SAFETY OF GEOLOGICAL DISPOSAL  TASK 6 : JOINT ELABORATION OF RADIOACTIVE WASTE MANAGEMENT POLICIES  B . CONSTRUCTION AND/OR OPERATION OF UNDERGROUND FACILITIES OPEN TO COMMUNITY JOINT ACTIVITIES ( INITIALLY FOR THE THREE PROJECTS LISTED BELOW , BUT TAKING INTO ACCOUNT THAT ADDITIONAL PROPOSALS ARE LIKELY )  PROJECT 1 : PILOT UNDERGROUND FACILITY IN THE ASSE SALT MINE ( FEDERAL REPUBLIC OF GERMANY )  PROJECT 2 : PILOT UNDERGROUND FACILITY IN THE ARGILLACEOUS LAYER LOCATED UNDER THE MOL NUCLEAR SITE ( BELGIUM )  PROJECT 3 : EXPERIMENTAL UNDERGROUND FACILITY IN FRANCE IN A GEOLOGICAL MEDIUM OF COMPLEMENTARY NATURE  THE WORK DESCRIBED ABOVE WILL BE CARRIED OUT MAINLY UNDER CONTRACT .


title: New allocation of the responsibilities of Vice-President Jacques Barrot European Parliament decision of 18 June 2008 approving the new allocation of the responsibilities of Vice-President of the Commission Jacques Barrot

text:
               27.11.2009

               EN

               Official Journal of the European Union

               CE 286/103

         Wednesday 18 June 2008New allocation of the responsibilities of Vice-President Jacques Barrot
   P6_TA(2008)0290
   European Parliament decision of 18 June 2008 approving the new allocation of the responsibilities of Vice-President of the Commission Jacques Barrot
   2009/C 286 E/40

      The European Parliament,
   having regard to Article 217(2) of the EC Treaty,
   having regard to point 5 of the Framework Agreement on relations between the European Parliament and the Commission (1),
   having regard to the proposal of 9 May 2008 to change the allocation of the responsibilities of Vice-President of the Commission Jacques Barrot,
   having regard to the hearing of the Vice-President before its committee responsible on 16 June 2008,
   having regard to Rule 99 of its Rules of Procedure,

               1.

               Approves the new allocation of the responsibilities of Vice-President Jacques Barrot for the remainder of the Commission's term of office until 31 October 2009;

               2.

               Instructs its President to forward this decision to the Council, the Commission and the governments of the Member States.

      (1)  OJ C 117 E, 18.5.2006, p. 123.


Avis juridique important

|

31997D0796

97/796/ECSC, Euratom: Commission Decision of 17 November 1997 concerning the conclusion on behalf of the European Coal and Steel Community and the European Atomic Energy 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 the Kyrgyz Republic, of the other part, on trade and trade-related matters (Text with EEA relevance)

Official Journal L 323 , 26/11/1997 P. 0038 - 0038

COMMISSION DECISION of 17 November 1997 concerning the conclusion on behalf of the European Coal and Steel Community and the European Atomic Energy 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 the Kyrgyz Republic, of the other part, on trade and trade-related matters (Text with EEA relevance) (97/796/ECSC, Euratom)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Coal and Steel Company, and in particular the first paragraph of Article 95 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,Whereas, pending the entry into force of the Partnership and Cooperation Agreement signed in Brussels on 9 February 1995, it is necessary to approve the Interim Agreement signed in Brussels on 28 November 1996 between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Kyrgyz Republic, of the other part, on trade and trade-related matters;Whereas the conclusion of the Interim Agreement is necessary to attain the objectives of the Community set out in Articles 2 and 3 of the Treaty establishing the European Coal and Steel Community and whereas the Treaty did not make provision for all the cases covered by this Decision,Having consulted the Consultative Committee and with the assent of the Council, given on 22 July 1997,HAS DECIDED AS FOLLOWS:Article 1 The Interim Agreement between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Kyrgyz Republic, of the other part, on trade and trade-related matters, together with the Protocol and the declarations, is hereby approved on behalf of the European Coal and Steel Community and the European Atomic Energy Community.These texts are attached to this Decision (1).Article 2 The President of the Commission shall give the notification provided for in Article 33 of the Interim Agreement on behalf of the European Coal and Steel Community and the European Atomic Energy Community.Done at Brussels, 17 November 1997.For the CommissionThe PresidentJacques SANTER(1) OJ L 235, 26. 8. 1997, p. 3.


title: Decision No 12-2005 of the Court of Auditors of the European Communities of 10 March 2005 regarding public access to Court of Auditors documents

text:
               20.4.2005

               EN

               Official Journal of the European Union

               C 96/1

      DECISION No 12-2005
   of 10 March 2005
   regarding public access to Court of Auditors documents
   (2005/C 96/01)
   THE COURT OF AUDITORS OF THE EUROPEAN COMMUNITIES,
   Having regard to its Rules of Procedure (1), and in particular Article 30 thereof,
   Having regard to Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Articles 143(2) and 144(1) thereof,
   Whereas:
   The second subparagraph of Article 1 of the Treaty on European Union enshrines the concept of openness, stating that the Treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen.
   In the Joint Declaration (3) relating to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (4), the European Parliament, the Council and the Commission call on the other institutions to adopt internal rules on public access to documents which take account of the principles and limits set out in that Regulation.
   The provisions laid down in Decision No 18/97 of the Court of Auditors laying down internal rules for the treatment of applications for access to documents held by the Court (5) antedate Regulation (EC) No 1049/2001 and should be revised in the light of that Regulation and of the case-law of the European Court of Justice and the Court of First Instance.
   Openness enhances the administration’s legitimacy, effectiveness and accountability, thus strengthening the principles of democracy. To that end good administrative practice on access to documents should be promoted.
   However, certain public and private interests should be protected by way of exceptions to the principle of public access to documents. In particular international auditing standards concerning the confidential nature of audit information must be duly respected,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Purpose
   The purpose of this Decision is to define the conditions, limits and procedures under which the Court of Auditors shall give public access to documents which it holds.
   Article 2
   Beneficiaries and scope
   1.   Within the framework and limits of the provisions laid down in this Decision and of international standards governing the confidentiality of audit information, any citizen of the Union and any other natural or legal person residing or having its registered office in a Member State, has a right of access to documents of the Court of Auditors, subject to the principles, conditions and limits defined in this Decision.
   2.   The Court of Auditors may, subject to the same principles, conditions and limits, grant access to documents to any natural or legal person not residing or not having its registered office in a Member State.
   3.   This Decision shall apply to all documents held by the Court of Auditors, that is to say, documents drawn up or received by it and in its possession.
   4.   This Decision shall be without prejudice to rights of public access to documents held by the Court of Auditors which might follow from instruments of international law or Community acts implementing them.
   Article 3
   Definitions
   For the purpose of this Decision:

               (a)

               ‘document’ shall mean any content, whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording);

               (b)

               ‘third party’ shall mean any natural or legal person, or any entity outside the Court of Auditors, including the Member States, other Community or non-Community institutions and bodies and third countries.

         Article 4
   Exceptions
   1.   The Court of Auditors shall refuse access to a document where disclosure would undermine the protection of:

               (a)

               the public interest including:

                           —

                           public security,

                           —

                           defence and military matters,

                           —

                           international relations,

                           —

                           the financial, monetary or economic policy of the Community or a Member State;

               (b)

               privacy and integrity of the individual, in particular in accordance with Community legislation regarding the protection of personal data.

         2.   In accordance with the rules governing confidentiality laid down in Articles 143(2) and 144(1) of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities and in corresponding provisions in other instruments of Community law, the Court of Auditors shall refuse access to its audit observations. It may also refuse access to documents used in the preparation of those observations.
   3.   The Court of Auditors shall refuse access to a document where disclosure would undermine the protection of:

               —

               commercial interests of a natural or legal person, including intellectual property,

               —

               court proceedings and legal advice,

               —

               inspections, investigations and audits.

         4.   Access to a document, drawn up by the Court of Auditors for internal use or received by it, which relates to a matter where the decision has not yet been taken shall be refused if disclosure of the document would compromise the Court of Auditors’ decision-making process.
   Access to a document containing opinions for internal use as part of deliberations and preliminary consultations within the Court of Auditors shall be refused even after the decision concerned has been taken if disclosure of the document would compromise the Court of Auditors’ decision-making process.
   5.   If the application concerns a document held by the Court of Auditors but of which the Court is not the author, the Court of Auditors shall confirm receipt of the application and supply the name of the person, institution or body to whom the application must be addressed.
   6.   If only parts of the requested document are covered by any of the exceptions in this Article, the remaining parts of the document shall be released.
   7.   The exceptions in this Article shall apply without prejudice to the provisions on public access to the Communities’ historical archives laid down in Council Regulation (EEC, Euratom) No 354/83 (6).
   8.   Notwithstanding the exceptions set out in this Article, the Court of Auditors may decide to allow access to a document, in whole or in part, where there is an overriding public interest in its disclosure.
   Article 5
   Applications
   Applications for access to a document must be made in writing (7), either in hard copy or electronically, in one of the languages referred to in Article 314 of the EC Treaty (8) and in a sufficiently precise manner to enable the Court of Auditors to identify the document. The applicant is not obliged to state reasons for the application.
   Article 6
   Processing of initial applications
   1.   Applications for access to documents shall be dealt with by the Director of the External Relations Department. He shall send an acknowledgement of receipt to the applicant, examine the application and decide what action shall be taken.
   2.   According to the subject matter of the application, the Director of the External Relations Department shall inform and, where necessary, consult the Member concerned, the Secretary-General, the Legal Service or the Data Protection Officer before deciding whether the document requested should be released.
   3.   An application for access to a document shall be handled promptly. Within 15 working days from registration of the application, the Court of Auditors shall either grant access to the document requested and provide access in accordance with Article 9 or, in a written reply, state the reasons for the total or partial refusal and inform the applicant of his or her right to ask the Court to reconsider its position in accordance with Article 7.
   4.   In the event of an application relating to a very long document or to a very large number of documents, the Court of Auditors may confer with the applicant informally, with a view to finding an appropriate solution. In such cases, the time limit provided for in paragraph 3 may be extended by 15 working days, provided that the applicant is notified in advance and that reasons are given.
   Article 7
   Reconsideration
   1.   In the event of a total or partial refusal, the applicant may, within 15 working days of receiving the Court of Auditors’ reply, ask the Court to reconsider its position.
   2.   Failure by the Court of Auditors to reply within the prescribed time limit shall also entitle the applicant to ask for reconsideration.
   Article 8
   Processing of requests for reconsideration
   1.   Requests for reconsideration shall be submitted to the President of the Court of Auditors. According to the subject matter concerned, the President of the Court of Auditors shall consultthe Member concerned or the Secretary-General and, where necessary, may consult either the Legal Service or the Data Protection Officer before deciding whether the document requested should be released.
   2.   A request for reconsideration shall be handled promptly. Within 15 working days from registration of such a request, the Court of Auditors shall either grant access to the document requested and provide access in accordance with Article 9 or, in a written reply, state the reasons for the total or partial refusal. In the event of a total or partial refusal, the Court of Auditors shall inform the applicant of the remedies open to him or her, namely instituting court proceedings against the Court of Auditors and/or making a complaint to the Ombudsman, under the conditions laid down in Articles 230 and 195 of the EC Treaty, respectively.
   3.   In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the time limit provided for in paragraph 2 may be extended by 15 working days, provided that the applicant is notified in advance and thatreasons are given.
   4.   Failure by the Court of Auditors to reply within the prescribed time limit shall be considered as a negative reply and entitle the applicant to have recourse to the remedies referred to in paragraph 2.
   Article 9
   Access following an application
   1.   The applicant may consult documents to which the Court of Auditors has granted access either at the premises of the Court of Auditors in Luxembourg or by receiving a copy, including, where available, an electronic copy. In the first case, the date and time of consultation shall be agreed between the applicant and the Director of the External Relations Department.
   2.   The cost of producing and sending copies may be charged to the applicant. This charge shall not exceed the real cost of producing and sending the copies. Consultation on the spot, copies of less than 20 A4 pages and direct access in electronic formshall be free of charge.
   3.   If a document is publicly accessible, the Court of Auditors may fulfil its obligation of granting access to the requested document by informing the applicant how to obtain it.
   4.   Documents shall be supplied in an existing version and format (including electronically or in an alternative format) with regard to the applicant's preference. The Court is not obliged to create a new document or to compile information at the request of the applicant.
   Article 10
   Reproduction of documents
   1.   Documents released in accordance with this Decision shall not be reproduced or exploited for commercial purposes without the Court of Auditors’ prior written authorisation.
   2.   This Decision shall be without prejudice to any existing rules on copyright which may limit a third party’s right to reproduce or exploit released documents.
   Article 11
   Final provisions
   1.   Decision No 18/97 of the Court of Auditors of 20 February 1997 is repealed.
   2.   This Decision shall be published in the Official Journal of the European Union.
   3.   It shall enter into force on the first day of the month following its adoption.

      Done at Luxembourg, 10 March 2005.

            For the Court of Auditors

         Hubert WEBER

            President

      (1)  OJ L 18, 20.1.2005, p. 1

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 173, 27.6.2001, p. 5.

      (4)  OJ L 145, 31.5.2001, p. 43.

      (5)  OJ C 295, 23.9.1998, p. 1.

      (6)  Council Regulation (EEC, Euratom) No 354/83) as amended by Council Regulation (EC, Euratom) No 1700/2003 (OJ L 243, 27.9.2003, p. 1).

      (7)  Adressed to the European Court of Auditors, Director of the External Relations Department, 12, rue Alcide de Gasperi, L-1615 Luxembourg. Fax (352) 439 342, e-mail: Euraud@eca.eu.int.

      (8)  Currently: Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish.


Avis juridique important

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31982D0398

82/398/EEC: Commission Decision of 14 June 1982 accepting undertakings given in connection with the anti-dumping procedure concerning cylinder vacuum cleaners originating in Czechoslovakia, the German Democratic Republic and Poland and terminating the proceduret

Official Journal L 172 , 18/06/1982 P. 0047 - 0049

*****COMMISSION  DECISION  of 14 June 1982  accepting undertakings given in connection with the anti-dumping procedure concerning cylinder vacuum cleaners originating in Czechoslovakia, the German Democratic Republic and Poland and terminating the procedure  (82/398/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 3017/79 of 20 December 1979 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 10 thereof,  After hearing the opinion expressed by the Advisory Committee set up under that Regulation,  Whereas, in July 1981, the Commission received a complaint lodged by the Association of Manufacturers of Domestic Electrical Appliances (AMDEA) on behalf of the Conseil européen de la construction électrodomestique, representing a major part of the Community production of cylinder vacuum cleaners; whereas the complaint contained evidence of the existence of dumping in respect of like products originating in Czechoslovakia, the German Democratic Republic and Poland and of material injury resulting therefrom;  Whereas the said evidence was sufficient to justify initiating an investigation;  Whereas the Commission accordingly announced, by a notice published in the Official Journal of the European Communities (2), the initiation of proceedings concerning imports of cylinder vacuum cleaners originating in Czechoslovakia, the German Democratic Republic and Poland, and commenced an investigation of the matter at Community level;  Whereas the Commission officially so advised the exporters and importers known to be concerned;  Whereas the Commission has given the parties directly concerned the opportunity to make known their views in writing and to be heard orally, and to meet so that opposing views might be presented and arguments put forward in rebuttal;  Whereas the majority of the parties concerned have taken this opportunity;  Whereas, since Czechoslovakia, the German Democratic Republic and Poland are not market economies, the normal value in the complaint was based on the price at which a like product from Spain was sold to the United Kingdom; whereas the exporters from the countries concerned contested this basis for establishing the normal value claiming that there were only very small quantities of a non-comparable model of cylinder vacuum cleaner being exported to the United Kingdom which did not allow a proper comparison with the vacuum cleaners exported by them;  Whereas the Commission decided that the normal value might be more suitably determined by reference to the prices at which like products were actually sold for consumption on the domestic market of Portugal, and therefore contacted two producers in Portugal, Hoover Electrica Portuguesa Lda and Siemens Ivora, who agreed to cooperate in the examination of the facts; whereas the Commission subsequently carried out investigations at the Lisbon premises of these two companies; whereas allowances were made in the normal value thus established to take account of differences in quantities sold and of differences in duties;  Whereas, in order to arrive at a preliminary determination of the existence of dumping, the Commission verified all information it deemed to be necessary by having Universal Foreign Trade Enterprise, Warsaw, Poland and Rotel AG, Aarburg, Switzerland, the exporters of Polish cylinder vacuum cleaners to the Community, Merkuria Foreign Trade Corporation, Prague, Czechoslovakia and Heim-Electric Volkseigner Aussenhandelsbetrieb, Berlin, German Democratic Republic, present substantiating evidence of their export prices at the Commission's offices in Brussels; whereas these export prices were compared with the normal value as established above, whereas these comparisons were generally made at the ex-factory level for sales made during the period 1 January to 31 December 1981;  Whereas the investigation on dumping showed that there were varying dumping margins depending on the model exported and the destination within the EEC. These ranged as follows:  1. with respect to Merkuria Foreign Trade Corporation (Czechoslovakia): 0 to 81 %;  2. with respect to the Heim-Electric Volkseigener Aussenhandelsbetrieb (German Democratic Republic): 0 to 73 %;  3. with respect to Universal Aussenhandelsunternehmen Poland, via Rotel AG, Switzerland: 0 to 72 %.  Whereas, in order to arrive at a preliminary determination of the existence of injury, the Commission contacted a number of agents and importers and carried out investigations at the premises of the House of Carmen Ltd, London, United Kingdom; whereas the Commission also carried out investigations at the premises of the main complainant Community producers, namely, in the United Kingdom, Hoover Ltd, Perivale Greenford, Middlesex; Electrolux Ltd, Luton, Bedfordshire; BSR Ltd, Halesowen, West Midlands; in France, Moulinex, Bagnolet SA, Hoover, Paris: Electrolux SA, Senlis; in the Netherlands, Verenigde FAM Fabrieken BV, Maarsen; and in Italy, Montenz SpA, Trezzano; General Lux SaS, Cormano and Alfatec SpA, Peschiera Borromeo;  Whereas, with regard to the injury caused to the Community industry, the evidence available to the Commission shows that total imports from the countries concerned into the Community of the cylinder vacuum cleaners in question rose from approximately 272 000 units in 1979 to 354 000 units in 1981;  Whereas, in the absence of separate production and import figures relating to cylinder vacuum cleaners alone, it is difficult to gauge exactly the size of the Community market for such units; whereas, nevertheless, the best information available suggests that the total Community market has remained relatively static from 1979 to 1981; whereas the market share held by imports of cylinder vacuum cleaners originating in the countries concerned in the Community rose from 5;4 % in 1979 to 7 % in 1981; whereas this is sufficient to disrupt the Community market for cylinder vacuum cleaners;  Whereas the resale prices in the Community of dumped cylinder vacuum cleaners originating in the countries concerned undercut those of like units produced by Community manufacturers by 3 to 53 %;  Whereas the consequent impact on the Community industry is characterized by depression of Community prices or prevention of price increases which otherwise would have occurred;  Whereas most of the complainant Community firms are consequently making considerably reduced profits or losses on cylinder vacuum cleaners, and the profitability of this industry as a whole is, therefore, at risk; whereas the best information available suggests that since 1979 there has been a reduction of 15 % in the numbers employed in the manufacture of cylinder vacuum cleaners and an increase in short-time working;  Whereas, however, the Fachverband Elektro-Hausgeraete had indicated to the Commission that while German producers supported the complaint made by AMDEA they did not consider themselves to be injured by East European imports, the amount of which in the Federal Republic of Germany amounted to less than 2 % of total Community imports; whereas the main Community producer in the Netherlands had stated that it did not support the complaint;  Whereas, nevertheless, the Commission has determined that injury in the Community was suffered by the rest of the Community industry which represented a major part of the Community production of cylinder vacuum cleaners;  Whereas the preliminary examination of the facts shows that there is dumping of cylinder vacuum cleaners exported by the Merkuria Foreign Trade Corporation (Czechoslovakia), the Heim-Electric Volkseigener Aussenhandelsbetrieb (German Democratic Republic), and by Rotel AG (Switzerland), on behalf of Universal Foreign Trade Enterprise (Poland), and that these dumped imports have in themselves consequences which have to be considered as causing material injury to a Community industry;  Whereas the exporters concerned were informed of the main findings of the preliminary investigation and commented on them; whereas undertakings were consequently offered by Merkuria, Heim-Electric and Rotel AG concerning imports originating in Czechoslovakia, the German Democratic Republic and Poland;  Whereas the effect of the said undertakings will be to increase import prices to a level necessary to eliminate injury; whereas these increases in no case exceed the dumping margin;  Whereas the Commission has, therefore, determined that it is not now necessary to take protective action in respect of imports originating in Czechoslovakia, the German Democratic Republic and Poland; Whereas, in these circumstances, the undertakings offered are considered acceptable and the procedures concerning Czechoslovakia, the German Democratic Republic and Poland may, therefore, be terminated without imposition of anti-dumping duties,  HAS DECIDED AS FOLLOWS:  Article 1  The Commission hereby accepts the undertakings given in connection with the anti-dumping procedure concerning cylinder vacuum cleaners (Common Customs Tariff subheading 85.06 ex A (NIMEXE code ex 85.06-10), originating in Czechoslovakia, the German Democratic Republic and Poland.  Article 2  The anti-dumping procedure concerning imports of cylinder vacuum cleaners originating in Czechoslovakia, the German Democratic Republic and Poland is hereby terminated.  Done at Brussels, 14 June 1982.  For the Commission  Wilhelm HAFERKAMP  Vice-President  (1) OJ No L 339, 31. 12. 1979, p. 1.  (2) OJ No C 245, 25. 9. 1981, p. 2.


title: 2014/579/EU: Decision of the European Parliament of 3 April 2014 on discharge in respect of the implementation of the budget of the European Environment Agency for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/206

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on discharge in respect of the implementation of the budget of the European Environment Agency for the financial year 2012
   (2014/579/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Environment Agency for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Environment Agency for the financial year 2012, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 18 February 2014 (05849/2014 - C7-0054/2014),

               —

               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 (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (4), and in particular Article 13 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 (5),

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6), and in particular Article 108 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 the Environment, Public Health and Food Safety (A7-0235/2014),

               1.

               Grants the Executive Director of the European Environment Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2012;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 365, 13.12.2013, p. 106.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 126, 21.5.2009, p. 13.

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

      (6)  OJ L 328, 7.12.2013, p. 42.


title: 2006/695/EC: Council Decision of 17 July 2006 on the signing and provisional application of the Agreement between the European Community and the Republic of Maldives on certain aspects of air services

text:
               17.10.2006

               EN

               Official Journal of the European Union

               L 286/19

         COUNCIL DECISION
   of 17 July 2006
   on the signing and provisional application of the Agreement between the European Community and the Republic of Maldives on certain aspects of air services
   (2006/695/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2), in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (2)

               On behalf of the Community, the Commission has negotiated an Agreement with the Republic of Maldives on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (3)

               Subject to its possible conclusion at a later date, the Agreement negotiated by the Commission should be signed and provisionally applied,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and the Republic of Maldives on certain aspects of air services is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community, subject to its conclusion.
   Article 3
   Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the parties have notified each other of the completion of the necessary procedures for this purpose.
   Article 4
   The President of the Council is hereby authorised to make the notification provided for in Article 9(2) of the Agreement.

      Done at Brussels, 17 July 2006.

            For the Council

            The President

         E. TUOMIOJA

    ---documentbreak---

               17.10.2006

               EN

               Official Journal of the European Union

               L 286/20

         AGREEMENT
   between the European Community and the Republic of Maldives on certain aspects of air services
   THE EUROPEAN COMMUNITY,
   of the one part, and
   THE REPUBLIC OF MALDIVES (hereinafter referred to as the Maldives),
   of the other part,
   (hereinafter referred to as the Parties),
   NOTING that bilateral air service agreements have been concluded between several Member States of the European Community and the Maldives containing provisions contrary to Community law,
   NOTING that the European Community has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries,
   NOTING that under European Community law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the European Community and third countries,
   HAVING REGARD to the agreements between the European Community and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with European Community law,
   RECOGNISING that certain provisions of the bilateral air service agreements between Member States of the European Community and the Maldives, which are contrary to European Community law, must be brought into conformity with it in order to establish a sound legal basis for air services between the European Community and the Maldives and to preserve the continuity of such air services,
   NOTING that under European Community law air carriers may not, in principle, conclude agreements which may affect trade between Member States of the European Community and which have as their object or effect the prevention, restriction or distortion of competition,
   RECOGNISING that provisions in bilateral air service agreements concluded between Member States of the European Community and the Maldives which (i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition between air carriers on the relevant routes; or (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to air carriers or other private economic operators the responsibility for taking measures that prevent, distort or restrict competition between air carriers on the relevant routes, may render ineffective the competition rules applicable to undertakings,
   NOTING that it is not a purpose of the European Community, as part of these negotiations, to increase the total volume of air traffic between the European Community and the Maldives, to affect the balance between Community air carriers and air carriers of Maldives, or to negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights,
   HAVE AGREED AS FOLLOWS:
   Article 1
   General provisions
   1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community.
   2.   References in each of the agreements listed in Annex I to nationals of the Member State that is a party to that agreement shall be understood as referring to nationals of the Member States.
   3.   References in each of the agreements listed in Annex I to air carriers or airlines of the Member State that is a party to that agreement shall be understood as referring to air carriers or airlines designated by that Member State.
   Article 2
   Designation by a Member State
   1.   The provisions in paragraphs 2 and 3 of this Article shall supersede the corresponding provisions in the articles listed in Annex II(a) and (b) respectively, in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by the Maldives, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   2.   On receipt of a designation by a Member State, the Maldives shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (i)

               the air carrier is established in the territory, under the Treaty establishing the European Community, of the designating Member State and has a valid Operating Licence in accordance with European Community law; and

               (ii)

               effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its Air Operator's Certificate and the relevant aeronautical authority is clearly identified in the designation; and

               (iii)

               the air carrier is owned, directly or through majority ownership, and it is effectively controlled by Member States and/or nationals of Member States, and/or by other states listed in Annex III and/or nationals of such other states.

         3.   The Maldives may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:

               (i)

               the air carrier is not established in the territory, under the Treaty establishing the European Community, of the designating Member State or does not have a valid Operating Licence in accordance with European Community law; or

               (ii)

               effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its Air Operator's Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or

               (iii)

               the air carrier is not owned, directly or through majority ownership, or it is not effectively controlled by Member States and/or nationals of Member States, and/or by other states listed in Annex III and/or nationals of such other states.

         In exercising its right under this paragraph, the Maldives shall not discriminate between Community air carriers on the grounds of nationality.
   Article 3
   Safety
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the articles listed in Annex II(c).
   2.   Where a Member State has designated an air carrier whose regulatory control is exercised and maintained by another Member State, the rights of the Maldives under the safety provisions of the agreement between the Member State that has designated the air carrier and Maldives shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State and in respect of the operating authorisation of that air carrier.
   Article 4
   Taxation of aviation fuel
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the articles listed in Annex II(d).
   2.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex II(d) shall prevent a Member State from imposing, on a non-discriminatory basis, taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of the Maldives that operates between a point in the territory of that Member State and another point in the territory of that Member State or in the territory of another Member State.
   Article 5
   Tariffs for carriage within the European Community
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the articles listed in Annex II(e).
   2.   The tariffs to be charged by the air carrier(s) designated by the Maldives under an agreement listed in Annex I containing a provision listed in Annex II(e) for carriage wholly within the European Community shall be subject to European Community law.
   Article 6
   Compatibility with competition rules
   1.   Bilateral air service agreements concluded between Member States and the Maldives shall be without prejudice to the competition rules of the Parties.
   2.   The provisions listed in Annex II(f) shall be deleted and shall cease to have effect.
   Article 7
   Annexes to the Agreement
   The Annexes to this Agreement shall form an integral part thereof.
   Article 8
   Revision or amendment
   The Parties may, at any time, revise or amend this Agreement by mutual consent.
   Article 9
   Entry into force and provisional application
   1.   This Agreement shall enter into force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
   2.   Notwithstanding paragraph 1, the Parties agree to provisionally apply this Agreement from the first day of the month following the date on which the Parties have notified each other of the completion of the procedures necessary for this purpose.
   3.   Agreement between a Member State and the Maldives which, at the date of signature of this Agreement, has not yet entered into force and is not being applied provisionally is listed in Annex I(b). The present Agreement shall apply to that Agreement upon its entry into force or provisional application.
   Article 10
   Termination
   1.   In the event that an agreement listed in Annex I is terminated, all provisions of this Agreement that relate to the agreement listed in Annex I concerned shall terminate at the same time.
   2.   In the event that all agreements listed in Annex I are terminated, this Agreement shall terminate at the same time.

      IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
      Done at Brussels in duplicate, on the twenty-first day of September in the year two thousand and six in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovene, Spanish, Swedish and Maldivian Dhivehi languages.

         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         Az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         För Europeiska gemenskapen

         Por la República de Maldivas
         Za Maledivskou republiku
         For Republikken Maldiverne
         Für die Republik Malediven
         Maldiivi Vabariigi nimel
         Για τη Δημοκρατία των Μαλδιβών
         For the Republic of Maldives
         Pour la République des Maldives
         Per la Repubblica delle Maldive
         Maldivu Republikas vārdā
         Ma1dyvų Respublikos vardu
         A Maldív Köztársaság részéről
         Għar-Repubblika tal-Maldivi
         Voor de Republiek der Maldiven
         W imieniu Republiki Malediwów
         Pela República das Maldivas
         Za Maldivskú republiku
         Za Republiko Maldivi
         Malediivien tasavallan puolesta
         För Republiken Maldiverna

   ANNEX I
   List of agreements referred to in Article 1 of this Agreement

               (a)

               Air service agreements between the Maldives and Member States of the European Community which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally:

                           —

                           Air Transport Agreement between the Austrian Federal Government and the Government of the Republic of Maldives done at Malé on 4 February 1997, hereinafter referred to as ‘Maldives-Austria Agreement’ in Annex II,

                           —

                           Agreement between the Government of the French Republic et the Government of the Republic of Maldives relating to air services done at Malé on 5 February 2001, hereinafter referred to as ‘Maldives-France Agreement’ in Annex II,

                           —

                           Air Transport Agreement between the Federal Republic of Germany and the Republic of Maldives done at Malé on 10 November 1993 hereinafter referred to as ‘Maldives-Germany Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Kingdom of the Netherlands and the Government of the Republic of Maldives for air services between and beyond their respective territories done at The Hague on 23 June 1994, hereinafter referred to as ‘Maldives-The Netherlands Agreement’ in Annex II,

                           —

                           Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Maldives done at Malé on 20 January 1996, hereinafter referred to as ‘Maldives-United Kingdom Agreement’ in Annex II.
                           Modified by Memorandum of Understanding done at Malé on 7 September 2000.

               (b)

               Air service agreement initialled or signed between the Maldives and a Member State of the European Community which, at the date of signature of this Agreement, has not yet entered into force and is not being applied provisionally:

                           —

                           Agreement between the Government of the Italian Republic and the Government of the Republic of Maldives concerning air services initialled at Malé on 20 January 2000, hereinafter referred to as ‘Maldives-Italy Agreement’ in Annex II.

         ANNEX II
   List of articles in the agreements listed in Annex I and referred to in Articles 2 to 6 of this Agreement

               (a)

               Designation by a Member State:

                           —

                           Article 3 of the Maldives-Austria Agreement,

                           —

                           Article 3 of the Maldives-France Agreement,

                           —

                           Article 4 of the Maldives-Italy Agreement,

                           —

                           Article 4 of the Maldives-The Netherlands Agreement,

                           —

                           Article 4 of the Maldives-United Kingdom Agreement;

               (b)

               Refusal, revocation, suspension or limitation of authorisations or permissions:

                           —

                           Article 4 of the Maldives-Austria Agreement,

                           —

                           Article 4 of the Maldives-France Agreement,

                           —

                           Article 5 of the Maldives-Italy Agreement,

                           —

                           Article 5 of the Maldives-The Netherlands Agreement,

                           —

                           Article 5 of the Maldives-United Kingdom Agreement;

               (c)

               Safety:

                           —

                           Article 7 of the Maldives-France Agreement,

                           —

                           Article 11 of the Maldives-Italy Agreement,

                           —

                           Article 14 of the Maldives-The Netherlands Agreement;

               (d)

               Taxation of aviation fuel:

                           —

                           Article 7 of the Maldives-Austria Agreement,

                           —

                           Article 10 of the Maldives-France Agreement,

                           —

                           Article 6 of the Maldives-Germany Agreement,

                           —

                           Article 6 of the Maldives-Italy Agreement,

                           —

                           Article 10 of the Maldives-The Netherlands Agreement,

                           —

                           Article 8 of the Maldives-United Kingdom Agreement;

               (e)

               Tariffs for Carriage within the European Community:

                           —

                           Article 11 of the Maldives-Austria Agreement,

                           —

                           Article 14 of the Maldives-France Agreement,

                           —

                           Article 10 of the Maldives-Germany Agreement,

                           —

                           Article 8 of the Maldives-Italy Agreement,

                           —

                           Article 6 of the Maldives-The Netherlands Agreement,

                           —

                           Article 7 of the Maldives-United Kingdom Agreement;

               (f)

               Compatibility with competition rules:

                           —

                           Article 11 (2-6) of the Maldives-Austria Agreement,

                           —

                           Article 14 (3-5) of the Maldives-France Agreement,

                           —

                           Article 8 (3 and 6) of the Maldives-Italy Agreement,

                           —

                           Article 6 (2-5) of the Maldives-The Netherlands Agreement.

         ANNEX III
   List of other states referred to in Article 2 of this Agreement

               (a)

               The Republic of Iceland (under the Agreement on the European Economic Area);

               (b)

               The Principality of Liechtenstein (under the Agreement on the European Economic Area);

               (c)

               The Kingdom of Norway (under the Agreement on the European Economic Area);

               (d)

               The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport).