title: 2012/341/EU: Council Decision of 25 June 2012 on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex XIII (Transport) to the EEA Agreement

text:
               28.6.2012

               EN

               Official Journal of the European Union

               L 168/1

         COUNCIL DECISION
   of 25 June 2012
   on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex XIII (Transport) to the EEA Agreement
   (2012/341/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with Article 218(9) thereof,
   Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Annex XIII to the Agreement on the European Economic Area (2) (the ‘EEA Agreement’) was amended by Decision of the EEA Joint Committee No 90/2011 of 19 July 2011 (3), by virtue of which Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (4) was incorporated into the EEA Agreement.

               (2)

               Through the inclusion of Regulation (EC) No 1008/2008 into the Air Transport Agreement between the European Community and the Swiss Confederation, the same regime has been established between the Union and Switzerland for Swiss and Community air carriers (5).

               (3)

               Through the inclusion of Regulation (EC) No 1008/2008 into the Convention establishing the European Free Trade Association (Vaduz Convention) (6), the same regime has also been established between Switzerland and the EEA EFTA States for Swiss and EEA EFTA air carriers.

               (4)

               Annex XIII to the EEA Agreement should therefore be amended to grant Swiss air carriers the right to operate air services from a Member State of the Union to an EEA EFTA State and vice versa.

               (5)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the European Union within the EEA Joint Committee on the proposed amendment to Annex XIII (Transport) to the EEA Agreement shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 25 June 2012.

            For the Council

            The President

         C. ASHTON

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

      (2)  OJ L 1, 3.1.1994, p. 3.

      (3)  OJ L 262, 6.10.2011, p. 62.

      (4)  OJ L 293, 31.10.2008, p. 3.

      (5)  Decision No 1/2010 of the Joint Community/Switzerland Air Transport Committee of 7 April 2010 (OJ L 106, 28.4.2010, p. 20).

      (6)  Decision of the EFTA Council No 1/2012 of 22 March 2012.

      DRAFT
      DECISION No …/2012 OF THE EEA JOINT COMMITTEE
      of
      amending Annex XIII (Transport) to the EEA Agreement
      THE EEA JOINT COMMITTEE,
      Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,
      Whereas:

                  (1)

                  Annex XIII to the EEA Agreement was amended by Decision of the EEA Joint Committee No … of … (1).

                  (2)

                  Annex XIII to the EEA Agreement was amended by Decision of the EEA Joint Committee No 90/2011 of 19 July 2011 (2), which incorporates into the EEA Agreement Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (3).

                  (3)

                  The Contracting Parties aim at ensuring that EEA EFTA air carriers are entitled to operate air services from Member States of the Union to Switzerland and vice versa.

                  (4)

                  The Contracting Parties also aim at ensuring that Community air carriers are entitled to operate air services from an EEA EFTA State to Switzerland and vice versa.

                  (5)

                  To this end, the EEA Joint Committee is to grant, subject to the condition of reciprocity, Swiss air carriers the right to operate from Member States of the Union to an EEA EFTA State and vice versa.

                  (6)

                  Annex XIII to the EEA Agreement should therefore be amended accordingly,

            HAS ADOPTED THIS DECISION:
      Article 1
      Point 64a (Regulation (EC) No 1008/2008 of the European Parliament and of the Council) of Annex XIII to the EEA Agreement shall be amended as follows:

                  1.

                  The current adaptation (b) shall be renumbered as adaptation (c).

                  2.

                  The following adaptation shall be inserted after adaptation (a):

                              ‘(b)

                              The following paragraph shall be added in Article 15:
                              “6.   Under the same conditions as Community and EEA EFTA air carriers, Swiss air carriers shall be entitled to operate air services from Member States of the European Union to EEA EFTA States and vice versa. This shall be subject to the condition that, on the one hand, the Community and Switzerland grant EEA EFTA air carriers the right to operate air services from Member States of the European Union to Switzerland and vice versa, and, on the other hand, that Switzerland and the EEA EFTA States grant Community air carriers the right to operate air services from Switzerland to EEA EFTA States and vice versa.
                              Any restrictions on this arrangement arising from existing bilateral or multilateral agreements binding the Community, on the one hand, and the EEA EFTA States, on the other hand, are hereby superseded.”.’.

            Article 2
      This Decision shall enter into force on …, provided that all the notifications under Article 103(1) of the EEA Agreement have been made to the EEA Joint Committee (4), or on the date of entry into force of the agreement between the European Union and Switzerland granting EEA EFTA air carriers the right to operate air services from Member States of the European Union to Switzerland and vice versa, on the one hand, or of the agreement between the EEA EFTA States and Switzerland granting Community air carriers the right to operate air services from Switzerland to EEA EFTA States and vice versa, on the other hand, whichever is the latest.
      Article 3
      The President of the EEA Joint Committee shall notify Switzerland of the adoption of this Decision and of the last notification to the EEA Joint Committee under Article 103(1) of the EEA Agreement, if any.
      Article 4
      This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

         Done at Brussels,

               For the EEA Joint Committee

               The President

               The Secretaries to the EEA Joint Committee

         (1)  OJ L …

         (2)  OJ L 262, 6.10.2011, p. 62.

         (3)  OJ L 293, 31.10.2008, p. 3.

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


Avis juridique important

|

32001D0482

2001/482/EC: Council Decision of 11 June 2001 appointing a German full member of the Committee of the Regions

Official Journal L 173 , 27/06/2001 P. 0047 - 0047

Council Decisionof 11 June 2001appointing a German full member of the Committee of the Regions(2001/482/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the Council Decision of 26 January 1998 appointing the members and alternate members of the Committee of the Regions(1),Whereas a seat as a full member of the Committee of the Regions has become vacant following the resignation of Mr Rolf EGGERT, notified to the Council on 29 May 2001;Having regard to the proposal from the German Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr Helmut HOLTER is hereby appointed a full member of the Committee of the Regions in place of Mr Rolf EGGERT for the remainder of his term of office, which runs until 25 January 2002.Done at Luxembourg, 11 June 2001.For the CouncilThe PresidentA. Lindh(1) OJ L 28, 4.2.1998, p. 19.


title: 2013/423/EU: Commission Decision of 2 August 2013 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China

text:
               3.8.2013

               EN

               Official Journal of the European Union

               L 209/26

         COMMISSION DECISION
   of 2 August 2013
   accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China
   (2013/423/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Articles 7, 8 and 9 thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   PROCEDURE

               (1)

               By Regulation (EU) No 513/2013 (2), the Commission imposed a provisional anti-dumping duty on imports into the Union of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China (PRC).

         B.   UNDERTAKING

   1.   Undertaking offer

               (2)

               Subsequent to the adoption of the provisional anti-dumping measures, a group of cooperating exporting producers, including their related companies in the PRC and in the European Union, and together with the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (hereinafter: ‘CCCME’) offered a joint price undertaking in accordance with Article 8(1) of the basic Regulation. The undertaking offer was also supported by the Chinese authorities.

         2.   Evaluation of undertaking offer

               (3)

               The undertaking offer has been examined against the background of changed market circumstances between the moment of the submission of the undertaking offer and the investigation period in the investigation that led to the imposition of provisional measures. Observed changes relate to a drop of both price levels and consumption on the Union market and are linked to several factors established and analysed in the investigation that led to the imposition of provisional measures.

               (4)

               Changes in price levels can sometimes be addressed in an undertaking by an indexation method which links minimum import prices to prices of raw materials as quoted in recognized and publicly available sources. However, no correlation between prices of raw materials and those of final products that would allow for a reliable indexation method could be established in the present case. In order to address an established change in price levels, an alternative method had to be established and price reports by representative and publicly available databases (Bloomberg (3) and pvXchange (4)) specialised in the sector concerned have been used as a reference.

               (5)

               In order to ensure that the undertaking is practicable, the Chinese exporters presented a joint undertaking offer with one minimum import price for photovoltaic modules and one for each of their key components (i.e. cells and wafers).

               (6)

               Further, in order to reduce the risk of company channelling, and make it feasible and practical to monitor the number of participating exporters, the Chinese exporters offered to ensure that the volume of imports made under the undertaking would be at annual levels corresponding roughly to their current market performance.

               (7)

               The exporters have offered a price undertaking. In order to assess whether that price undertaking removes the injurious effect of dumping, the Commission has analysed, inter alia, the current export prices and the level of provisional duty. On that basis, it was concluded that the price undertaking removes the injurious effect of dumping.

               (8)

               The elimination of the injurious effect of dumping is therefore achieved by a price undertaking covering imports within an associated annual level and in addition an ad valorem provisional duty levied on imports above the annual level as referred to in recital 6 above.

               (9)

               The CCCME will also provide the Commission with regular and detailed information concerning the sales to the Union of the companies presenting the joint undertaking offer, allowing for the undertaking to be monitored effectively by the Commission. With a view to CCCME’s active role, the support given by the Chinese authorities and the safety net in the form of annual level referred to in recital 6, the Commission considers the risk of circumvention limited and outweighed by considerations linked to the need to ensure security of supplies on the Union market.

         C.   COMMENT OF PARTIES AND ACCEPTANCE OF THE UNDERTAKING

   1.   Comments of parties

               (10)

               The undertaking offer has been made available to interested parties. No comments against its acceptance have been received so far.

               (11)

               In the view of the above, the undertaking offered by the exporting producers is acceptable. The companies concerned and the CCCME have been informed of the essential facts, considerations and obligations upon which the acceptance is based.

               (12)

               Further, to enable the Commission to monitor effectively compliance with the undertaking, when the request for release for free circulation is presented to the relevant customs authority, exemption from the anti-dumping duty will be conditional on:

                           (a)

                           the presentation of a commercial invoice by the company listed in the Annex to this Decision and a certificate issued by the CCCME containing at least the elements listed in Annex II and Annex III of Regulation (EU) No 513/2013 respectively;

                           (b)

                           the fact that the imported goods are manufactured, shipped and invoiced directly by the companies listed in the Annex to this Decision either to their related companies in the Union acting as an importer and clearing the goods for free circulation in the Union as mentioned in the Annex to this Decision or to the first independent customer acting as an importer and clearing the goods for free circulation in the Union;

                           (c)

                           the fact that the goods declared and presented to customs correspond precisely to the description of the commercial invoice.

               (13)

               Where no such invoice and certificate are presented or when they do not correspond to the product presented to customs or a commercial invoice containing at least the elements of Annex IV of Regulation (EU) No 513/2013 is presented, the appropriate rate of anti-dumping duty shall instead be payable.

               (14)

               Whenever, pursuant to Article 8(9) of the basic Regulation, the Commission withdraws its acceptance of an undertaking following a breach by referring to particular transactions and declares the relevant undertaking invoices to be invalid, a customs debt shall be incurred at the time of acceptance of the declaration for release into free circulation.

               (15)

               Importers should be aware that a customs debt may be incurred, as a normal trade risk, at the time of acceptance of the declaration for release into free circulation as described in recitals 11 and 12 even if an undertaking offered by the manufacturer from whom they were buying, directly or indirectly, had been accepted by the Commission.

               (16)

               Pursuant to Article 14(7) of the basic Regulation, customs authorities should inform the Commission immediately whenever indications of a violation of the undertaking are found.

               (17)

               In the event of a breach or withdrawal of the undertaking or in case of withdrawal of acceptance of the undertaking by the Commission, the provisional anti-dumping duty imposed in accordance with Article 7 of the basic Regulation shall automatically apply by means of Article 8(9) of the basic Regulation.

         HAS ADOPTED THIS DECISION:
   Article 1
   The undertaking offered by the exporting producers listed in the Annex of this Decision together with the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (CCCME), in connection with the anti-dumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China, is hereby accepted.
   Article 2
   This Decision shall enter into force on 6 August 2013.

      Done at Brussels, 2 August 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 343, 22.12.2009, p. 51.

      (2)  OJ L 152, 5.6.2013, p. 5.

      (3)  Paid information available to Bloomberg Professional Service subscribers only.

      (4)  http://www.pvxchange.com/

      ANNEX
      List of companies:

                  Name of the company

                  Taric additional code

                  Jiangsu Aide Solar Energy Technology Co. Ltd

                  B798

                  Anji DaSol Solar Energy Science & Technology Co. Ltd

                  B802

                  Anhui Schutten Solar Energy Co. Ltd
                  Quanjiao Jingkun Trade Co. Ltd

                  B801

                  Xi’an SunOasis (Prime) Company Limited
                  TBEA SOLAR CO. LTD
                  XINJIANG SANG’O SOLAR EQUIPMENT

                  B804

                  CSI Solar Power (China) Inc.
                  Canadian Solar Manufacturing (Changshu) Inc.
                  Canadian Solar Manufacturing (Luoyang) Inc.
                  CSI Cells Co. Ltd

                  B805

                  Changzhou NESL Solartech Co. Ltd

                  B806

                  Changzhou Trina Solar Energy Co. Ltd
                  Trina Solar (Changzhou) Science & Technology Co. Ltd
                  Changzhou Youze Technology Co. Ltd

                  B791

                  CHINALAND SOLAR ENERGY CO. LTD

                  B808

                  ChangZhou EGing Photovoltaic Technology Co. Ltd

                  B811

                  CIXI CITY RIXING ELECTRONICS CO. LTD.
                  ANHUI RINENG ZHONGTIAN SEMICONDUCTOR DEVELOPMENT CO. LTD.
                  HUOSHAN KEBO ENERGY & TECHNOLOGY CO. LTD.

                  B812

                  CNPV Dongying Solar Power Co. Ltd

                  B813

                  China Sunergy (Nanjing) Co. Ltd
                  CEEG Nanjing Renewable Energy Co. Ltd
                  CEEG (Shanghai) Solar Science Technology Co. Ltd
                  China Sunergy (Yangzhou) Co. Ltd
                  China Sunergy (Shanghai) Co. Ltd

                  B809

                  Chint Solar (Zhejiang) Co. Ltd

                  B810

                  Delsolar (Wujiang) Ltd

                  B792

                  Dongfang Electric (Yixing) MAGI Solar Power Technology Co. Ltd

                  B816

                  Era Solar Co. Ltd

                  B818

                  ET Solar Industry Limited
                  ET Energy Co. Ltd

                  B819

                  GD Solar Co. Ltd

                  B820

                  Konca Solar Cell Co. Ltd
                  Suzhou GCL Photovoltaic Technology Co. Ltd
                  Jiangsu GCL Silicon Material Technology Development Co. Ltd
                  Jiangsu Zhongneng Polysilicon Technology Development Co. Ltd
                  GCL-Poly (Suzhou) Energy Limited
                  GCL-Poly Solar Power System Integration (Taicang) Co. Ltd
                  GCL SOLAR POWER (SUZHOU) LIMITED
                  GCL Solar System (Suzhou) Limited

                  B850

                  Guodian Jintech Solar Energy Co. Ltd

                  B822

                  Hangzhou Bluesun Solar Energy Technology Co. Ltd

                  B824

                  Hangzhou Zhejiang University Sunny Energy Science and Technology Co. Ltd
                  Zhejiang Jinbest Energy Science and Technology Co. Ltd

                  B825

                  Hanwha SolarOne (Qidong) Co. Ltd

                  B826

                  Hengdian Group DMEGC Magnetics Co. Ltd

                  B827

                  HENGJI PV-TECH ENERGY CO. LTD.

                  B828

                  Jiangsu Green Power PV Co. Ltd

                  B831

                  Jiangsu Hosun Solar Power Co. Ltd

                  B832

                  Jiangsu Jiasheng Photovoltaic Technology Co. Ltd

                  B833

                  Jiangsu Runda PV Co. Ltd

                  B834

                  Jiangsu Sainty Photovoltaic Systems Co. Ltd

                  B835

                  Jiangsu Sainty Machinery Imp. And Exp. Corp. Ltd

                  B835

                  Jiangsu Seraphim Solar System Co. Ltd

                  B836

                  Jiangsu Shunfeng Photovoltaic Technology Co. Ltd
                  Changzhou Shunfeng Photovoltaic Materials Co. Ltd
                  Jiangsu Shunfeng Photovoltaic Electronic Power Co. Ltd

                  B837

                  Jiangsu Sinski PV Co. Ltd

                  B838

                  Jiangsu Sunlink PV Technology Co. Ltd

                  B839

                  Jiangsu Zhongchao Solar Technology Co. Ltd

                  B840

                  Jiangxi LDK Solar Hi-Tech Co. Ltd
                  LDK Solar Hi-Tech (Nanchang) Co. Ltd
                  LDK Solar Hi-Tech (Suzhou) Co. Ltd

                  B793

                  Jiangyin Hareon Power Co. Ltd
                  Hareon Solar Technology Co. Ltd
                  Taicang Hareon Solar Energy Co. Ltd

                  B842

                  Jiangyin Shine Science and Technology Co. Ltd

                  B843

                  JingAo Solar Co. Ltd
                  Shanghai JA Solar Technology Co. Ltd
                  JA Solar Technology Yangzhou Co. Ltd
                  Hefei JA Solar Technology Co. Ltd
                  Shanghai JA Solar PV Technology Co. Ltd

                  B794

                  Jinko Solar Co. Ltd
                  Jinko Solar Import and Export Co. Ltd
                  ZHEJIANG JINKO SOLAR CO. LTD
                  ZHEJIANG JINKO SOLAR TRADING CO. LTD

                  B845

                  Jinzhou Yangguang Energy Co. Ltd
                  Jinzhou Huachang Photovoltaic Technology Co. Ltd
                  Jinzhou Jinmao Photovoltaic Technology Co. Ltd
                  Jinzhou Rixin Silicon Materials Co. Ltd
                  Jinzhou Youhua Silicon Materials Co. Ltd

                  B795

                  Juli New Energy Co. Ltd

                  B846

                  Jumao Photonic (Xiamen) Co. Ltd

                  B847

                  Kinve Solar Power Co.Ltd (Maanshan)

                  B849

                  Lightway Green New Energy Co. Ltd
                  Lightway Green New Energy(Zhuozhou) Co. Ltd

                  B851

                  MOTECH (SUZHOU) RENEWABLE ENERGY CO. LTD

                  B852

                  NICE SUN PV CO. LTD
                  LEVO SOLAR TECHNOLOGY CO. LTD

                  B854

                  Ningbo Huashun Solar Energy Technology Co. Ltd

                  B856

                  Ningbo Jinshi Solar Electrical Science & Technology Co. Ltd

                  B857

                  Ningbo Komaes Solar Technology Co. Ltd

                  B858

                  Ningbo Osda Solar Co. Ltd

                  B859

                  Ningbo Qixin Solar Electrical Appliance Co. Ltd

                  B860

                  Ningbo Sunbe Electric Ind Co. Ltd

                  B862

                  Ningbo Ulica Solar Science & Technology Co. Ltd

                  B863

                  Perlight Solar Co. Ltd

                  B865

                  Phono Solar Technology Co. Ltd
                  Sumec Hardware & Tools Co. Ltd

                  B866

                  RISEN ENERGY CO. LTD

                  B868

                  SHANDONG LINUO PHOTOVOLTAIC HI-TECH CO. LTD

                  B869

                  SHANGHAI ALEX SOLAR ENERGY SCIENCE & TECHNOLOGY CO. LTD

                  B870

                  SHANGHAI ALEX NEW ENERGY CO. LTD

                  B870

                  Shanghai BYD Co. Ltd
                  BYD(Shangluo)Industrial Co.Ltd

                  B871

                  Shanghai Chaori Solar Energy Science & Technology Co. Ltd
                  Shanghai Chaori International Trading Co. Ltd

                  B872

                  SHANGHAI SHANGHONG ENERGY TECHNOLOGY CO. LTD

                  B874

                  SHANGHAI SOLAR ENERGY S&T CO. LTD
                  Shanghai Shenzhou New Energy Development Co. Ltd
                  Lianyungang Shenzhou New Energy Co. Ltd

                  B875

                  Shenzhen Sacred Industry Co.Ltd

                  B878

                  Shenzhen Topray Solar Co. Ltd
                  Shanxi Topray Solar Co. Ltd
                  Leshan Topray Cell Co. Ltd

                  B880

                  Sopray Energy Co. Ltd
                  Shanghai Sopray New Energy Co. Ltd

                  B881

                  SUN EARTH SOLAR POWER CO. LTD.
                  NINGBO SUN EARTH SOLAR POWER CO. LTD.
                  Ningbo Sun Earth Solar Energy Co. Ltd

                  B882

                  SUZHOU SHENGLONG PV-TECH CO. LTD

                  B883

                  Wenzhou Jingri Electrical and Mechanical Co. Ltd

                  B886

                  Wuhu Zhongfu PV Co. Ltd

                  B889

                  Wuxi Saijing Solar Co. Ltd

                  B890

                  Wuxi Shangpin Solar Energy Science and Technology Co. Ltd

                  B891

                  Wuxi Solar Innova PV Co. Ltd

                  B892

                  Wuxi Suntech Power Co. Ltd
                  Suntech Power Co. Ltd
                  Wuxi Sunshine Power Co. Ltd
                  Luoyang Suntech Power Co. Ltd
                  Zhenjiang Rietech New Energy Science Technology Co. Ltd
                  Zhenjiang Ren De New Energy Science Technology Co. Ltd

                  B796

                  Wuxi Taichang Electronic Co. Ltd
                  Wuxi Machinery & Equipment Import & Export Co. Ltd
                  Wuxi Taichen Machinery & Equipment Co. Ltd

                  B893

                  Xi’an Huanghe Photovoltaic Technology Co. Ltd
                  State-run Huanghe Machine-Building Factory Import and Export Corporation

                  B896

                  Shanghai Huanghe Fengjia Photovoltaic Technology Co. Ltd

                  B896

                  Xi’an LONGi Silicon Materials Corp.
                  Wuxi LONGi Silicon Materials Co. Ltd

                  B897

                  Years Solar Co. Ltd

                  B898

                  Yingli Energy (China) Co. Ltd
                  Baoding Tianwei Yingli New Energy Resources Co. Ltd
                  Hainan Yingli New Energy Resources Co. Ltd
                  Hengshui Yingli New Energy Resources Co. Ltd
                  Tianjin Yingli New Energy Resources Co. Ltd
                  Lixian Yingli New Energy Resources Co. Ltd
                  Baoding Jiasheng Photovoltaic Technology Co. Ltd
                  Beijing Tianneng Yingli New Energy Resources Co. Ltd
                  Yingli Energy (Beijing) Co. Ltd

                  B797

                  Yuhuan BLD Solar Technology Co. Ltd
                  Zhejiang BLD Solar Technology Co. Ltd

                  B899

                  Yuhuan Sinosola Science & Technology Co. Ltd

                  B900

                  Zhangjiagang City SEG PV Co. Ltd

                  B902

                  Zhejiang Fengsheng Electrical Co. Ltd

                  B903

                  Zhejiang Global Photovoltaic Technology Co. Ltd

                  B904

                  Zhejiang Jiutai New Energy Co. Ltd
                  Zhejiang Topoint Photovoltaic Co. Ltd

                  B906

                  Zhejiang Kingdom Solar Energy Technic Co. Ltd

                  B907

                  Zhejiang Shuqimeng Photovoltaic Technology Co. Ltd

                  B911

                  Zhejiang Sunflower Light Energy Science & Technology Limited Liability Company
                  Zhejiang Yauchong Light Energy Science & Technology Co. Ltd

                  B914

                  Zhejiang Trunsun Solar Co. Ltd
                  Zhejiang Beyondsun PV Co. Ltd

                  B917

                  Zhejiang Xiongtai Photovoltaic Technology Co. Ltd

                  B919

                  ZHEJIANG YUANZHONG SOLAR CO. LTD

                  B920

                  RENESOLA ZHEJIANG LTD
                  RENESOLA JIANGSU LTD

                  B921

                  Zhongli Talesun Solar Co. Ltd

                  B922

                  ZNSHINE PV-TECH CO. LTD

                  B923


title: 2008/892/EC: Decision of the European Central Bank of 28 October 2008 on transitional provisions for the application of minimum reserves by the European Central Bank following the introduction of the euro in Slovakia (ECB/2008/14)

text:
               29.11.2008

               EN

               Official Journal of the European Union

               L 319/73

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 28 October 2008
   on transitional provisions for the application of minimum reserves by the European Central Bank following the introduction of the euro in Slovakia
   (ECB/2008/14)
   (2008/892/EC)
   THE EXECUTIVE BOARD OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘ESCB Statute’), and in particular Article 19.1 and the first indent of Article 47.2 thereof,
   Having regard to Council Regulation (EC) No 2531/98 of 23 November 1998 concerning the application of minimum reserves by the European Central Bank (1),
   Having regard to Regulation (EC) No 1745/2003 of the European Central Bank of 12 September 2003 on the application of minimum reserves (ECB/2003/9) (2),
   Having regard to Council Regulation (EC) No 2532/98 of 23 November 1998 concerning the powers of the European Central Bank to impose sanctions (3),
   Having regard to Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank (4), and in particular Articles 5(1) and 6(4) thereof,
   Having regard to Regulation (EC) No 2423/2001 of the European Central Bank of 22 November 2001 concerning the consolidated balance sheet of the monetary financial institutions sector (ECB/2001/13) (5),
   Whereas:

               (1)

               The adoption of the euro by Slovakia on 1 January 2009 means that credit institutions and branches of credit institutions located in Slovakia will be subject to reserve requirements from that date.

               (2)

               The integration of these entities into the minimum reserve system of the Eurosystem requires the adoption of transitional provisions in order to ensure smooth integration without creating a disproportionate burden for credit institutions in participating Member States, including Slovakia.

               (3)

               Article 5 of the ESCB Statute in conjunction with Article 10 of the Treaty establishing the European Community implies an obligation for Member States to design and implement at national level all the appropriate measures to collect the statistical information needed to fulfil the ECB’s statistical reporting requirements and to ensure timely preparation in the field of statistics to adopt the euro,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Definitions
   For the purposes of this Decision, the terms ‘institution’, ‘reserve requirement’, ‘maintenance period’, ‘reserve base’, and ‘participating Member State’ have the same meaning as in Regulation (EC) No 1745/2003 (ECB/2003/9).
   Article 2
   Transitional provisions for institutions located in Slovakia
   1.   In derogation from Article 7 of Regulation (EC) No 1745/2003 (ECB/2003/9), a transitional maintenance period shall run from 1 January 2009 to 20 January 2009 for institutions located in Slovakia.
   2.   The reserve base of each institution located in Slovakia for the transitional maintenance period shall be defined in relation to elements of its balance sheet as at 31 October 2008. Institutions located in Slovakia shall report their reserve base to Národná banka Slovenska in accordance with the ECB’s reporting framework for money and banking statistics, as laid down in Regulation (EC) No 2423/2001 (ECB/2001/13). Institutions located in Slovakia that benefit from the derogation under Article 2(2) of Regulation (EC) No 2423/2001 (ECB/2001/13) shall calculate a reserve base for the transitional maintenance period on the basis of their balance sheet as at 30 September 2008.
   3.   In respect of the transitional maintenance period, either an institution located in Slovakia or Národná banka Slovenska shall calculate such institution’s minimum reserves. The party that calculates the minimum reserves shall submit its calculation to the other party allowing sufficient time for the latter to verify it and submit revisions. The calculated minimum reserves, including any revisions thereof, if applicable, shall be confirmed by the two parties at the latest on 9 December 2008. If the notified party does not confirm the amount of minimum reserves by 9 December 2008, it shall be deemed to have acknowledged that the calculated amount applies for the transitional maintenance period.
   4.   The provisions of paragraphs 2 to 4 of Article 3 shall apply mutatis mutandis to institutions located in Slovakia so that these institutions may, for their initial maintenance periods, deduct from their reserve bases any liabilities owed to institutions in Slovakia, although at the time the minimum reserves are calculated such institutions will not appear on the list of institutions subject to reserve requirements in Article 2(3) of Regulation (EC) No 1745/2003 (ECB/2003/9).
   Article 3
   Transitional provisions for institutions located in other participating Member States
   1.   The maintenance period applicable to institutions located in other participating Member States pursuant to Article 7 of Regulation (EC) No 1745/2003 (ECB/2003/9) shall remain unaffected by the existence of a transitional maintenance period for institutions located in Slovakia.
   2.   Institutions located in other participating Member States may decide to deduct from their reserve base for the maintenance periods from 10 December 2008 to 20 January 2009 and from 21 January to 10 February 2009 any liabilities owed to institutions located in Slovakia, even though at the time the minimum reserves are calculated such institutions will not appear on the list of institutions subject to reserve requirements mentioned in Article 2(3) of Regulation (EC) No 1745/2003 (ECB/2003/9).
   3.   Institutions located in other participating Member States that wish to deduct liabilities owed to institutions located in Slovakia shall, for the maintenance periods from 10 December 2008 to 20 January 2009 and from 21 January to 10 February 2009, calculate their minimum reserves on the basis of their balance sheet at 31 October and 30 November 2008 respectively and report a table in accordance with footnote 5 of Table 1 of Annex I to Regulation (EC) No 2423/2001 (ECB/2001/13) showing institutions located in Slovakia as already subject to the ECB’s minimum reserve system.
   This shall be without prejudice to the obligation for institutions to report statistical information for the periods concerned in accordance with Table 1 of Annex I to Regulation (EC) No 2423/2001 (ECB/2001/13), still showing institutions located in Slovakia as being banks located in the ‘Rest of the world’.
   The tables shall be reported in accordance with the time limits and procedures laid down in Regulation (EC) No 2423/2001 (ECB/2001/13).
   4.   For the maintenance periods starting in December 2008, January and February 2009, institutions located in other participating Member States that benefit from the derogation under Article 2(2) of Regulation (EC) No 2423/2001 (ECB/2001/13) and wish to deduct liabilities owed to institutions located in Slovakia, shall calculate their minimum reserves on the basis of their balance sheet as at 30 September 2008 and report a table in accordance with footnote 5 of Table 1 of Annex I to Regulation (EC) No 2423/2001 (ECB/2001/13) showing institutions located in Slovakia as already subject to the ECB’s minimum reserve system.
   This shall be without prejudice to the obligation for institutions to report statistical information for the periods concerned in accordance with Table 1 of Annex I to Regulation (EC) No 2423/2001 (ECB/2001/13) still showing institutions located in Slovakia as being banks located in the ‘Rest of the world’.
   The tables shall be reported in accordance with the time limits and procedures laid down in Regulation (EC) No 2423/2001 (ECB/2001/13).
   Article 4
   Entry into force and application
   1.   This Decision is addressed to Národná banka Slovenska, institutions located in Slovakia and institutions located in other participating Member States.
   2.   This Decision shall enter into force on 1 November 2008.
   3.   In the absence of specific provisions in this Decision, the provisions of Regulations (EC) No 1745/2003 (ECB/2003/9) and (EC) No 2423/2001 (ECB/2001/13) shall apply.

      Done at Frankfurt am Main, 28 October 2008.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 318, 27.11.1998, p. 1.

      (2)  OJ L 250, 2.10.2003, p. 10.

      (3)  OJ L 318, 27.11.1998, p. 4.

      (4)  OJ L 318, 27.11.1998, p. 8.

      (5)  OJ L 333, 17.12.2001, p. 1.


Avis juridique important

|

31996D0556

96/556/EC: Council Decision of 16 September 1996 appointing four members and eight alternate members of the Committee of the Regions

Official Journal L 243 , 24/09/1996 P. 0036 - 0037

COUNCIL DECISION of 16 September 1996 appointing four members and eight alternate members of the Committee of the Regions (96/556/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,Having regard to the Council Decisions of 26 January 1994 (1) and 23 January 1995 (2) appointing members and alternate members of the Committee of the Regions,Whereas four seats as members and eight seats as alternate members of the Committee have become vacant following the resignations of Mr Norbert De Batselier, Mr Hugo Weckx, Mr Michel Lebrun and Mr Tarcisio Grandi, members, and of Mr Antonio Gómez Fayren, Mr Theo Kelchtermans, Mr Lode Hancke, Mr Louis Vanvelthoven, Mr Stefaan De Clerck, Mr Herman Suykerbuyk, Mr Jean-Claude Van Cauwenberghe and Mr Carlo Andreotti, alternate members, notified to the Council on 18 December 1995, 1 July 1996, 3 September 1996, 25 July 1996, 2 September 1996, 1 July 1996, 19 June 1996, 1 July 1996, 1 July 1996, 10 September 1996, 3 September 1996 and 10 September 1996 respectively;Having regard to the proposals from the Belgian, Italian and Spanish Governments,HAS DECIDED AS FOLLOWS:Sole Article 1. Mr Eddy Baldewijns is hereby appointed a member of the Committee of the Regions in place of Mr Norbert De Batselier for the remainder of the latter's term of office, which runs until 25 January 1998.2. Mr Herman Suykerbuyk is hereby appointed a member of the Committee of the Regions in place of Mr Hugo Weckx for the remainder of the latter's term of office, which runs until 25 January 1998.3. Mr Karel De Gucht is hereby appointed a member of the Committee of the Regions in place of Mr Michel Lebrun for the remainder of the latter's term of office, which runs until 25 January 1998.4. Mr Carlo Andreotti is hereby appointed a member of the Committee of the Regions in place of Mr Tarcisio Grandi for the remainder of the latter's term of office, which runs until 25 January 1998.5. Mr Freddy Sarens is hereby appointed an alternate member of the Committee of the Regions in place of Mr Theo Kelchtermans for the remainder of the latter's term of office, which runs until 25 January 1998.6. Mr Gilbert Bossuyt is hereby appointed an alternate member of the Committee of the Regions in place of Mr Lode Hancke for the remainder of the latter's term of office, which runs until 25 January 1998.7. Mr Peter Vanvelthoven is hereby appointed an alternate member of the Committee of the Regions in place of Mr Louis Vanvelthoven for the remainder of the latter's term of office, which runs until 25 January 1998.8. Mr Paul Dumez is hereby appointed an alternate member of the Committee of the Regions in place of Mr Stefaan De Clerck for the remainder of the latter's term of office, which runs until 25 January 1998.9. Mr Hugo Van Rompaye is hereby appointed an alternate member of the Committee of the Regions in place of Mr Herman Suykerbuyk for the remainder of the latter's term of office, which runs until 25 January 1998.10. Mr Willy Burgeon is hereby appointed an alternate member of the Committee of the Regions in place of Mr Jean-Claude Van Cauwenberghe for the remainder of the latter's term of office, which runs until 25 January 1998.11. Mr Tarcisio Grandi is hereby appointed an alternate member of the Committee of the Regions in place of Mr Carlo Andreotti for the remainder of the latter's term of office, which runs until 25 January 1998.12. Mr Juan Antonio Megías García is hereby appointed an alternate member of the Committee of the Regions in place of Mr Antonio Gómez Fayren for the remainder of the latter's term of office, which runs until 25 January 1998.Done at Brussels, 16 September 1996.For the CouncilThe PresidentI. YATES(1) OJ No L 31, 4. 2. 1994, p. 29.(2) OJ No L 25, 2. 2. 1995, p. 20.


title: Council Decision of 25 June 1973 postponing the Decision on the application of Protocol No 6 on the Agreement signed on 22 July 1972 between the European Economic Community and the Republic of Iceland

text:
4. 7 . 73                         Official Journal of the European Communities                         No L 181 /21
                                              COUNCIL DECISION
                                                  of 25 June 1973
             postponing the Decision on the application of Protocol No 6 of the Agreement
             signed on 22 July 1972 between the European Economic Community and the
                                               Republic of Iceland
                                                    (73/ 170/EEC)
THE COUNCIL OF THE EUROPEAN                                   HAS DECIDED AS FOLLOWS :
COMMUNITIES,
Having regard to the Treaty establishing the European                              Sole Article
Economic Community, and in particular Article 113
thereof ;
                                                              1 . The Decision on the application of Protocol No
Having regard to Article 2 (2) of Protocol No 6 of the        6 of the Agreement with Iceland shall be postponed.
Agreement signed on 22 July 1972 between the Euro
                                                              2.   The Council shall re-examine        the    situation
pean Economic Community and the Republic of
Iceland ;                                                     before 15 November 1973 .
Having regard to the proposal from the Commission ;           3.   The   President  of   the  Council   shall   inform
                                                              Iceland of this Decision .
Whereas the Council decided on 22 March 1973 to
postpone the Decision on the application of Protocol
No 6 of the Agreement between the European
Economic Community and the Republic of Iceland
and to re-examine the situation ;                             Done at Luxemburg, 25 June 1973 .
Whereas it is not yet possible, however, to record that                                   For the Council
a solution satisfactory to the Member States of the
Community and to Iceland has been found for the                                             The President
economic problems arising from the measures
adopted by Iceland concerning fishing rights ;                                           R. VAN ESLANDE


title: 86/629/EEC: Council Decision of 8 December 1986 concluding an Additional Protocol to the Agreement between the European Economic Community and the Eastern Republic of Uruguay on trade in textile products consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community

text:
27 . 12 . 86                             Official Journal of the European Communities                                 No L 366 / 10
                                                     COUNCIL DECISION
                                                       of 8 December 1986
                  concluding an Additional Protocol to the Agreement between the European Economic
                  Community and the Eastern Republic of Uruguay on trade in textile products consequent on
                    the accession of the Kingdom of Spain and the Portuguese Republic to the Community
                                                          ( 86 / 629 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               of Uruguay on trade in textile products consequent on the
                                                                        accession of the Kingdom of Spain and the Portuguese
Having regard to the Treaty establishing the European                   Republic to the Community is hereby approved on behalf of
Economic Community , and in particular Article 113                      the Community .
thereof,
                                                                        The text of the Protocol is attached to this Decision .
Having     regard   to   the   recommendation      from     the
Commission ,
Whereas it is necessary to approve the Additional Protocol to                                     Article 2
the Agreement between the European Economic Community
and the Eastern Republic of Uruguay on trade in textile                 The President of the Council shall give the notification
products to take account of the accession to the Community              provided for in Article 4 of the Additional Protocol ,
of the Kingdom of Spain and the Portuguese Republic ,
HAS DECIDED AS FOLLOWS :
                                                                        Done at Brussels , 8 December 1986 .
                           Article 1                                                                                For the Council
                                                                                The President
The Additional Protocol to the Agreement between the
European Economic Community and the Eastern Republic                                                                  N. LAWSON


title: Council Decision 2011/318/CFSP of 31 March 2011 on the signing and conclusion of the Framework Agreement between the United States of America and the European Union on the participation of the United States of America in European Union crisis management operations#Framework Agreement between the United States of America and the European Union on the participation of the United States of America in European Union crisis management operations

text:
               31.5.2011

               EN

               Official Journal of the European Union

               L 143/1

         COUNCIL DECISION 2011/318/CFSP
   of 31 March 2011
   on the signing and conclusion of the Framework Agreement between the United States of America and the European Union on the participation of the United States of America in European Union crisis management operations
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 37 thereof, and the Treaty on the Functioning of the European Union, and in particular Article 218(5) and (6) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR),
   Whereas:

               (1)

               Conditions regarding the participation of third States in Union crisis management operations should be laid down in an agreement establishing a framework for such possible future participation, rather than defining those conditions on a case-by-case basis for each operation concerned.

               (2)

               Following the adoption of a Decision by the Council on 26 April 2010 authorising the opening of negotiations, the HR negotiated a framework agreement between the United States of America and the European Union on the participation of the United States of America in European Union crisis management operations (the Agreement).

               (3)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Framework Agreement between the United States of America and the European Union on the participation of the United States of America in European Union crisis management operations (the Agreement) is hereby approved on behalf of the Union.
   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 in order to bind the Union.
   Article 3
   The Agreement shall be applied on a provisional basis as from the date of signature thereof, pending the completion of the procedures for its conclusion (1).
   Article 4
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 10(1) of the Agreement.
   Article 5
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 31 March 2011.

            For the Council

            The President

         VÖLNER P.

      (1)  The date of signature of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

      FRAMEWORK AGREEMENT
      between the United States of America and the European Union on the participation of the United States of America in European Union crisis management operations
      THE UNITED STATES OF AMERICA (UNITED STATES)
      and
      THE EUROPEAN UNION (‘EU’ OR ‘EUROPEAN UNION’)
      hereinafter referred to collectively as the ‘Parties’,
      Whereas:
      The European Union may decide to take action in the field of crisis management.
      The past 2 decades have witnessed a rise in the efforts of governments and multilateral organisations to use means to reduce the incidence of conflict around the world.
      The United States and the EU share a desire to foster peaceful reconciliation and to facilitate reconstruction and stabilisation through burden sharing in crisis management operations, and believe there is an enhanced potential for success of such EU operations created by the contribution of experts by the United States.
      The United States and the EU wish to set down general conditions regarding the participation of the United States in EU crisis management operations in an agreement establishing a framework for such possible future participation, rather than defining these conditions on a case-by-case basis for each operation concerned,
      HAVE AGREED AS FOLLOWS:
      Article 1
      Decisions relating to participation
      1.   Following the decision of the European Union to invite the United States to participate in an EU crisis management operation, and once the United States has decided to participate, the United States shall provide information to the European Union on its proposed contribution to the operation. A decision by the United States to participate in an EU crisis management operation reflects its agreement to respect the terms of the Council Decision whereby the EU decided to conduct the relevant operation (the Council Decision).
      2.   The European Union and the United States shall consult regarding the United States’ proposed contribution, including on the possible contribution to the operational budget of the operation, and, if they agree to proceed with the participation, such participation shall be carried out in accordance with the provisions of this Agreement and any related implementing arrangement(s) entered into by the Parties.
      3.   The contribution of the United States to EU crisis management operations shall be without prejudice to the decision-making autonomy of the European Union, and shall not prejudge the case-by-case nature of the decisions of the United States to participate in an EU crisis management operation.
      4.   The European Union shall advise the United States prior to any decision to modify the Council Decision referred to in paragraph 1 or to adopt or modify any related implementing measures.
      5.   The United States may, on its own initiative or at the request of the EU, and following consultations between the Parties, withdraw wholly or in part, at any time, from participation in an EU crisis management operation.
      Article 2
      Scope
      1.   Except as may be otherwise agreed in writing by the Parties, this Agreement applies only to EU crisis management operations to which the United States makes a contribution after the date of signature of this Agreement and is without prejudice to any existing agreements regulating the participation of the United States in an EU crisis management operation.
      2.   This Agreement only addresses contributions of civilian personnel, units, and assets by the United States to EU crisis management operations (the ‘U.S. contingent’).
      Article 3
      Status of Personnel and Units
      1.   The status of the U.S. contingent assigned to an EU crisis management operation, and in particular the privileges and immunities they enjoy, shall be governed by the agreement on the status of the mission (the status agreement) concluded between the EU and the State in which the operation is being conducted, provided that: (a) the United States shall be afforded an opportunity to examine the status agreement prior to deciding whether or not to participate in the operation and (b) if no status agreement has been concluded at the time it is needed for examination, the Parties shall consult and agree on an appropriate alternative arrangement concerning the status of the U.S. contingent prior to its deployment, without prejudice to the EU’s overall responsibility for concluding host country arrangements on the status of EU personnel and units.
      2.   The status of a U.S. contingent serving in headquarters or command elements located outside the country (or countries) where the operation is being conducted shall be governed, as appropriate, by arrangements between the headquarters and command elements or the State(s) concerned and the United States.
      3.   To the extent permitted by its own laws and regulations, the United States shall have the right to exercise jurisdiction over its assigned personnel in the country where the operation is deployed.
      4.   The United States shall be responsible for responding to claims linked to its participation in an EU crisis management operation, from or concerning any of its personnel, in accordance with U.S. law. This provision does not constitute a waiver of the sovereign immunity of the United States. Nothing in this Agreement is intended to create jurisdiction in a court where such jurisdiction does not already exist, or to provide for an enforceable right against the United States in such a court.
      5.   The Parties agree to waive any and all claims (other than contractual claims) against each other for damage to, loss of, or destruction of assets owned/operated by either Party, or injury or death to personnel of either Party, arising out of the performance of their official duties in connection with activities under this Agreement, except in the case of gross negligence or wilful misconduct.
      6.   The United States undertakes to make a declaration as regards the waiver of claims on a reciprocal basis against any EU Member State participating in an EU crisis management operation in which the United States participates, and to do so when signing this Agreement.
      7.   The EU undertakes to ensure that EU Member States make a declaration as regards the waiver of claims, for any future participation by the United States in an EU crisis management operation and to do so when signing this Agreement.
      Article 4
      Classified Information
      The Agreement between the government of the United States of America and the European Union on the security of classified information, done at Washington on 30 April 2007, shall apply in the context of EU crisis management operations.
      Article 5
      Participation in the operation
      1.   The United States shall seek to ensure, by means of specific instructions, that personnel made available as part of its contribution to EU crisis management operations (assigned personnel) undertake their mission in a manner consistent with, and fully supportive of the Council Decision referred to in Article 1, the operation plan and related implementing measures.
      2.   The United States shall consult in due time with the EU regarding any change in its contribution to an EU crisis management operation under this Agreement.
      3.   Assigned personnel shall receive appropriate medical certification, and shall be provided a copy of this certification for production upon request by appropriate EU authorities.
      Article 6
      Chain of Command
      1.   During the period of deployment, the EU Commander or Head of Mission shall exercise supervisory authority and direct the activities of assigned personnel and units.
      2.   Assigned personnel and units shall remain under the overall authority of the United States.
      3.   The United States shall seek to ensure, by means of specific instructions, that assigned personnel carry out their duties and conduct themselves in full conformity with the objectives of the operation and under the direction and guidance of the EU Commander or Head of Mission.
      4.   The United States shall have the same rights and obligations in terms of day-to-day management of EU crisis management operations as participating Member States of the European Union taking part in the operation.
      5.   The EU Commander or Head of Mission shall be responsible for overall disciplinary control over assigned personnel. Any disciplinary action shall be taken, as appropriate, by the United States.
      6.   A National Contingent Point of Contact (NPC) shall be appointed by the United States to represent its national contingent in the relevant EU crisis management operation. The NPC shall report to the Head of Mission on national matters and shall be responsible for day-to-day contingent discipline.
      7.   The decision to end an operation shall be taken by the European Union, following consultation with the United States, if it is still contributing to the EU crisis management operation at the time such decision is being considered.
      Article 7
      Financial Aspects
      1.   The United States shall assume the costs associated with its participation in EU crisis management operations, unless covered by common funding, as set out in the operational budget of the mission.
      2.   The European Union shall exempt the United States from financial contributions to the operational budget of an EU crisis management operation when the European Union decides that the United States is providing a significant contribution. The United States shall be notified of the EU decision regarding financial contributions to the operational budget at the time of the consultations referred to in Article 1(2).
      3.   The participation of the United States under this Agreement in EU crisis management operations shall be subject to the availability of appropriated funds.
      Article 8
      Arrangements to implement the Agreement
      Any necessary technical, financial, and administrative arrangements in pursuance of the implementation of this Agreement shall be signed by the appropriate authorities of the United States and of the European Union.
      Article 9
      Dispute Settlement
      Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
      Article 10
      Entry into force and termination
      1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for that purpose.
      2.   This Agreement shall be provisionally applied from the date of signature.
      3.   This Agreement shall be subject to regular review by the Parties.
      4.   This Agreement may be amended on the basis of a mutual written agreement between the Parties.
      5.   Either Party may terminate this Agreement upon six months’ written notice to the other Party.

         Done at Washington, in duplicate, in the English language, this seventeenth day of May in the year two thousand and eleven.

               For the European Union

            C. ASHTON

               For the United States of America

            H. CLINTON

         TEXT FOR DECLARATIONS

            Text for the EU Member States:
         ‘The EU Member States applying an EU Council Decision on an EU crisis management operation in which the United States participates, intend, insofar as their internal legal systems so permit, to waive as far as possible claims against the United States for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis management operation if such injury, death, damage or loss:

                     —

                     was caused by personnel from the United States in the execution of their duties in connection with an EU crisis management operation, except in case of gross negligence or wilful misconduct, or

                     —

                     arose from the use of any assets owned by the United States, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel from the United States using those assets.’.

            Text for the United States:
         ‘The United States, when it is participating in an EU crisis management operation, intends, insofar as its internal legal system so permit, to waive as far as possible claims against any other State participating in the EU crisis management operation for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis management operation if such injury, death, damage or loss:

                     —

                     was caused by personnel in the execution of their duties in connection with an EU crisis management operation, except in case of gross negligence or wilful misconduct, or

                     —

                     arose from the use of any assets owned by States participating in the EU crisis management operation, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel using those assets.’.


title: 2012/596/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the European Police Office for the financial year 2010#Resolution of the European Parliament of 10 May 2012 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Police Office for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/276

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the European Police Office for the financial year 2010
   (2012/596/EU)
   THE EUROPEAN PARLIAMENT,

               —

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

               —

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

               —

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

               —

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

               —

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

               —

               having regard to Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (3), and in particular Article 43 thereof,

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0111/2012),

               1.

               Grants the Director of the European Police Office discharge in respect of the implementation of the Office’s budget for the financial year 2010;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 366, 15.12.2011, p. 179.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 121, 15.5.2009, p. 37.

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

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

                  —

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

                  —

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

                  —

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

                  —

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

                  —

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

                  —

                  having regard to Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (3), and in particular Article 43 thereof,

                  —

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

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0111/2012),

                  A.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts for the financial year 2010 are reliable and that the underlying transactions are legal and regular,

                  B.

                  whereas the overall budget of the Office for the year 2010 was EUR 92 800 000, whereas the contribution of the Union to the budget of the Office for 2010 was EUR 79 724 150 (5),

         Budget and financial management

                  1.

                  Deplores the high level of appropriations carried forward matched by the low level of accrued expenditure; takes note of the Office’s reply that a significant amount of the carry-over was due to the Office’s move to its new headquarters; welcomes the additional measures taken by the Office and the commitment to monitor the implementation of the budget on a monthly basis in 2012, with a particular focus on carry-forwards.

                  2.

                  Acknowledges from its Annual Activity Report (AAR) that the Office’s initial budget for 2010 was EUR 80 100 000; notes that the budget was amended by almost EUR 12 700 000 which came from appropriations carried over from 2009 to 2010 integrated into the 2010 budget, grants from the Commission and some additional revenue; takes note of observations from the Office that the reason for amending the initial budget was to facilitate its transition to becoming an agency;

                  3.

                  Establishes from its AAR that the Office’s overall implementation rates for the end of 2010 were 98,3 % for commitments and 73,6 % for payments;

                  4.

                  Welcomes that, following the request of the discharge authority, the final accounts for the financial year 2010 have been made publicly available on the Office’s website on 17 February 2012; underlines nevertheless that the final accounts for the financial year 2010 should have been made public immediately after their adoption on 13 September 2011; calls therefore on the Office to do so in the future in order to promote its transparency;

         Carry-over appropriations

                  5.

                  Calls on the Office to take immediate action to reduce the high amount of carry-overs; notes that the Court of Auditors stated that there were carry-overs of EUR 22 600 000 representing 25 % of the 2010 budget; notes also with disappointment that the carry-forward rate was 49 % in Title II — Administrative expenditure and 59 % in Title III — Operational expenditure;

                  6.

                  Notes that the breakdown of the carry-forward (EUR 22 600 000) is as follows:

                              —

                              EUR 11 300 000 for expenditure relating to the new Europol headquarters,

                              —

                              EUR 1 800 000 relates to Chapter 26 (Article 58(4) Europol Council Decision — ECD: liabilities concerning the previous legal framework of Europol),

                              —

                              EUR 9 500 000 for other expenditure;

                  7.

                  Considers that the high level of appropriations carried forward, matched by the low level of accrued expenditure (EUR 2 900 000), is excessive and at odds with the budgetary principle of annuality;

                  8.

                  Notes, nevertheless, that the significant amount of the carry-over was due to the unique circumstance of the Office’s move to its new headquarters in 2011, given the delay in the delivery of the building in 2010;

         Human Resources

                  9.

                  Observes from the Office’s AAR that the vacancy rate at the end of the year was 4,5 % instead of the estimated 2,5 %;

                  10.

                  Calls on the Office to adopt the Implementing Rules to the Staff Regulations (and related internal instruments) and prepare a learning and development framework;

         Performance

                  11.

                  Welcomes the fact that the Office’s Annual Work Programme (AWP) is aligned with its Strategy 2010-2014 and contains key performance indicators, critical risks and resources assigned to each annual objective;

                  12.

                  Calls nevertheless on the Office to include in its AWP information on the overview of planned procurement activities to serve as a ‘financing decision’, required by the implementing provisions of the Framework Financial Regulation;

                  13.

                  Calls also on the Office to finalise the translation of its organisational mission statement into concise descriptions of roles and objectives for the departments and units;

                  14.

                  Notes in the Office’s AAR that the SIENA 2.0 information platform connecting law enforcement authorities was successfully deployed on 22 October 2010 and that by the end of 2010, 21 Member States were connected to SIENA and 8 Member States national asset recovery offices were also linked to it;

                  15.

                  Notes, in addition, in the Office’s AAR that as of 31 December 2010, on the basis of the assessment of the AWP 2010, very good progress had been made on 14 (82 %) of the AWP objectives and good progress was made on the remaining three objectives (18 %);

                  16.

                  Notes also that the Office’s Strategy 2010-2014 and the Strategy Implementation Plan were adopted by the Board of Management in 2010;

                  17.

                  Recommends that the Office, in the interest of fostering transparency, provides a list of the members of its Management Board which should include their name, declaration of interest and curriculum vitae with their work and educational background; notes with satisfaction that the Office’s procurement activities and list of contractors concluded for 2010 has been published on the Office’s website;

         Internal audit

                  18.

                  Acknowledges that the Internal Audit Service (IAS) performed an audit on the implementation of internal control standards in order to assess the status of their implementation, notably in respect of the areas of mission and values, human resources, planning and risk management process, operations and controls activities, information and financing reporting, and evaluation and audit;

                  19.

                  Notes that the IAS issued five ‘very important’ recommendations related to:

                              —

                              the segregation of duties,

                              —

                              ex-post controls,

                              —

                              the exceptions to processes,

                              —

                              the business continuity plans,

                              —

                              the continuity of operations;

                        calls on the Office to implement all the recommendations of the IAS and to inform the discharge authority on the actions taken;

                  20.

                  Considering the complementarities between the European Police College and European Police Office, as well as the potential synergies, calls on the Commission to prepare a comprehensive impact assessment regarding a potential merger of these two agencies setting out the cost and benefits by March 2013;

                  21.

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

         (1)  OJ C 366, 15.12.2011, p. 179.

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

         (3)  OJ L 121, 15.5.2009, p. 37.

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

         (5)  OJ L 64, 12.3.2010, p. 1046.

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