title: 2011/756/EU: Decision of the European Parliament of 25 October 2011 on discharge in respect of the implementation of the budget of the European Police College for the financial year 2009

text:
               26.11.2011

               EN

               Official Journal of the European Union

               L 313/17

         DECISION OF THE EUROPEAN PARLIAMENT
   of 25 October 2011
   on discharge in respect of the implementation of the budget of the European Police College for the financial year 2009
   (2011/756/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Police College for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the European Police College for the financial year 2009, together with the College’s replies (1),
   having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),
   having regard to its Decision of 10 May 2011 (2) postponing the discharge decision for the financial year 2009, and the replies by the Director of the European Police College,
   having regard to Article 276 of the EC Treaty and 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 (3), and in particular Article 185 thereof,
   having regard to Council Decision 2005/681/JHA of 20 September 2005 establishing the European Police College (CEPOL) (4), and in particular Article 16 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,
   having regard to Commission Decision C(2011) 4680 of 30 June 2011 granting consent to a derogation requested by the European Police College from Regulation (EC, Euratom) No 2343/2002,
   having regard to the report of the European Police College of 12 July 2010 on the Reimbursement of Private Expenditure (10/0257/KA),
   having regard to the external audit commissioned by the European Police College (Contract Ref. No CEPOL/2010/001) on the reimbursement of private expenditure,
   having regard to the final report on the five-year external evaluation of the European Police College (Contract Ref. No CEPOL/CT/2010/002),
   having regard to the Annual Activity Report 2009 of the Directorate-General Justice, Freedom and Security,
   having regard to the 4th progress report of the European Police College on the implementation of its Multiannual Action Plan (MAP) for 2010-2014,
   having regard to the Court of Auditors’ report on the implementation of the European Police College MAP for 2010-2014,
   having regard to the note of the Internal Audit Service (IAS) of 4 July 2011 (Ref. Ares (2011) 722479) on the 3rd progress report on the implementation of the European Police College MAP for 2010-2014,
   having regard to the report and annexes of the European Police College on the implementation of the European Parliament’s resolution on ‘2009 Discharge: European Police College’,
   having regard to the report and annex of the European Police College on the application of its Procurement Manual for the period covering 1 July 2010 to 1 July 2011,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the second report of the Committee on Budgetary Control (A7-0330/2011),

               1.

               Grants the Director of the European Police College discharge in respect of the implementation of the College’s budget for the financial year 2009;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the Resolution that forms an integral part of it to the Director of the European Police College, 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

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 338, 14.12.2010, p. 137.

      (2)  OJ L 250, 27.9.2011, p. 260.

      (3)  OJ L 248, 16.9.2002, p. 1.

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

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

               26.11.2011

               EN

               Official Journal of the European Union

               L 313/19

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 25 October 2011
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Police College for the financial year 2009
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Police College for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the European Police College for the financial year 2009, together with the College’s replies (1),
   having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),
   having regard to its Decision of 10 May 2011 (2) postponing the discharge decision for the financial year 2009, and the replies by the Director of the European Police College,
   having regard to Article 276 of the EC Treaty and 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 (3), and in particular Article 185 thereof,
   having regard to Council Decision 2005/681/JHA of 20 September 2005 establishing the European Police College (CEPOL) (4), and in particular Article 16 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,
   having regard to Commission Decision C(2011) 4680 of 30 June 2011 granting consent to a derogation requested by the European Police College from Regulation (EC, Euratom) No 2343/2002,
   having regard to the report of the European Police College of 12 July 2010 on the Reimbursement of Private Expenditure (10/0257/KA),
   having regard to the external audit commissioned by the European Police College (Contract Ref. No CEPOL/2010/001) on the reimbursement of private expenditure,
   having regard to the final report on the five-year external evaluation of the European Police College (Contract Ref. No CEPOL/CT/2010/002),
   having regard to the Annual Activity Report 2009 of the Directorate-General Justice, Freedom and Security,
   having regard to the 4th progress report of the European Police College on the implementation of its Multiannual Action Plan (MAP) for 2010-2014,
   having regard to the Court of Auditors’ report on the implementation of the European Police College MAP for 2010-2014,
   having regard to the note of the Internal Audit Service (IAS) of 4 July 2011 (Ref. Ares (2011) 722479) on the 3rd progress report on the implementation of the European Police College MAP for 2010-2014,
   having regard to the report and annexes of the European Police College on the implementation of the European Parliament’s resolution on ‘2009 Discharge: European Police College’,
   having regard to the report and annex of the European Police College on the application of its Procurement Manual for the period covering 1 July 2010 to 1 July 2011,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the second report of the Committee on Budgetary Control of (A7-0330/2011),

               A.

               whereas the College was set up in 2001 and, with effect from 1 January 2006, was transformed into a Community body within the meaning of Article 185 of the Financial Regulation, thus coming under the provisions of the framework Financial Regulation for agencies,

               B.

               whereas the Court of Auditors in its reports on the annual accounts of the College for the financial years 2006 and 2007, qualified its opinion with regard to the legality and regularity of the underlying transactions on the grounds that the procurement procedures did not comply with the provisions of the Financial Regulation,

               C.

               whereas the Court of Auditors, in its report on the annual accounts of the College for the financial year 2008, added an emphasis of matter to its opinion on the reliability of the accounts, without expressly qualifying it, and qualified its opinion on the legality and regularity of the underlying transactions,

               D.

               whereas in its decision of 7 October 2010 (6) Parliament refused to grant the Director of the College discharge for implementation of the College’s budget for the financial year 2008,

               E.

               whereas the Court of Auditors, in its report on the annual accounts of the College for the financial year 2009, again qualified its opinion on the legality and regularity of the underlying transactions,

               F.

               whereas in its abovementioned Decision of 10 May 2011, Parliament decided to postpone its decision on granting the Director of the College discharge in respect of the implementation of its budget for 2009,

               G.

               whereas in its report on the College’s MAP for 2010-2014 the Court of Auditors stated that the College is progressing according to the milestones established in its MAP,

               H.

               whereas in its note of 4 July 2011 to the Director of the College the IAS stated that, although the description in the progress report on the implementation of the College’s MAP remains fairly general, it gives a clear overview of the status of the different milestones and should thereby serve as a satisfactory basis for informing different stakeholders,

               I.

               whereas by Decision C(2011) 4680 of 30 June 2011 the Commission granted a derogation to the College from the provisions of Article 74b of Regulation (EC, Euratom) No 2343/2002,

      General assessment

               1.

               Acknowledges the measures taken by the new management and governance of the College to tackle its deficiencies in response to Parliament’s request for action, following the serious irregularities in the implementation of the budget for 2009; welcomes, in particular, the following actions taken in time to respond to Parliament’s requests:

                           (a)

                           the revision of the Financial Regulation of the College by introducing a derogation concerning the exclusion for tender with regard to the selection of educational experts in order to use experts from national police training institutes and, therefore, ensuring the cost effectiveness and the representation of these institutions as part of the College’s network;

                           (b)

                           the assurance from the Court of Auditors and from the IAS that the College’s MAP for 2010-2014 gives an overview of the status of its different milestones and that the College is progressing according to its targets;

                           (c)

                           a report on the application by the College of the procurement manual for the period covering 1 July 2010 to 1 July 2011;

                           (d)

                           the decision of the Governing Board of the College to grant voting rights to the Commission;

               2.

               Looks forward to the Commission’s presentation in 2012 of the College’s new legal framework to integrate the abovementioned Commission’s voting rights in the proceedings of the Governing Board;

               3.

               Underlines that the discharge authority will continue to carefully monitor the level of implementation of the measures undertaken during the upcoming discharge procedures;

               4.

               Notes that the final report on the five-year external evaluation of the College established that there is a case for the College’s relocation; calls, therefore, on the Court of Auditors to prepare a special report, during 2012, setting out the costs and benefits in financial and operational terms of merging the College’s responsibilities with those of Europol;

      Specific actions taken by the College to tackle its weaknesses

      Procurement procedures

               5.

               Acknowledges that the College has finally developed and implemented its procurement manual for internal use as requested by Parliament in its discharges to the College for 2008 and 2009; acknowledges that this manual was adopted by the College on 8 June 2010 and entered into force on 1 July 2010 and that a public procurement coordinator has been appointed;

               6.

               Welcomes the first report of the College on the application of its procurement manual for 1 July 2010 to 1 July 2011; nevertheless, waits for the Court of Auditors to evaluate the application by the College of the procurement manual;

               7.

               Has checked the College’s statistical report for 1 July 2010 to 1 July 2011; welcomes the fact that this document provides Parliament with full information on the procurement procedures; acknowledges from this report and from the report on the application of the procurement manual that the procedures used by the College were constantly monitored and controlled by the College;

      Rules governing expenditure on courses

               8.

               Acknowledges that on 28 April 2011 the College presented the Commission with a request to modify its Financial Regulation by introducing an Article (Article 74c) which includes a derogation from Regulation (EC, Euratom) No 2343/2002 concerning the exclusion for tender for the selection of educational experts in order to use experts from national police training institutes;

               9.

               Welcomes the Commission’s subsequent Decision C(2011) 4680 of 30 June 2011 which granted consent to the abovementioned derogation;

               10.

               Takes the view that the College should grant direct access to its detailed budget, which should include a list of its contracts and of its public procurement decisions; and considers that it should publish that list on its Internet site, according the provision of the Financial Regulation, excluding details of any contracts whose disclosure might pose a security risk;

      Carry-over of appropriations

               11.

               Takes note that the College established an organisational risk register as part of its ongoing budget management to mitigate its risk of underspending; reminds, nonetheless, the College of the importance of programming and monitoring the implementation of its budget to minimise carry-over of appropriations; calls also on the Court of Auditors and the IAS to assure Parliament on the College’s effective improvements on this issue and to indicate that all instruments for programming and monitoring are firmly in place;

      Errors in the accounts

               12.

               Takes note that, despite the significant delays and errors in its provisional accounts for 2009, the College has assured Parliament that since 2010 it increased its financial discipline and internal control; looks forward to the report of the Court of Auditors on the College’s annual accounts for 2010, to establish whether the assurance from the College is well founded;

               13.

               Welcomes the decision of March 2011 by the Governing Board of the College to replace the former Internal Control Standards (ICS) with the recently established 16 ICS of the Commission;

               14.

               Is of the opinion that these new 16 ICS will offer better help to the Director of the College not only to put controls in place but also to monitor that these controls work as intended;

               15.

               Calls therefore on the College to update Parliament on the level of implementation of these 16 ICS on a continuing basis;

      Human resource management

               16.

               Takes note that the College put an end to a contract that the Court of Auditors considered ‘illegal’; notes that the end of this contract is effective from 15 September 2011 and that the vacancy notice is already advertised; calls on the College to update the discharge authority on subsequent developments on this specific case;

               17.

               Acknowledges that the level of implementation of the College’s recruitment guide bringing the procedures in line with the Staff Regulations of Officials of the European Union (7) was considered to be sufficient by the College; calls also on the Court of Auditors to assure Parliament on the level of implementation of this guide;

      Appropriations used to finance private expenditure

               18.

               Acknowledges that, as a result of an external audit on an ex-post check, the current Director initiated a recovery order requiring the former Director to return the sum of EUR 2 014,94 of which only EUR 43,45 have been recovered to date; regrets the small amount recovered compared to the financial loss that the College incurred under the management of the former Director; takes note that a final reminder for payment has been issued in 2011 and that the next step is to institute proceedings before an English court to establish the legality of the debt, dating from 2007, and, should the appropriate judgement be obtained, the enforcement service will seek to recover the remainder of the unpaid debt; calls on the current Director to keep the discharge authority updated with regard to the development of this matter;

      The College’s MAP for 2010-2014

               19.

               Notes that the enhanced transparency provided by the current Director and its management team has led to an improved understanding of the challenges the College is facing and has fostered the necessary changes; welcomes, in this respect, the policy of the College to:

                           —

                           publish a monthly newsletter and regular progress reports on its activities for its Governing Board in order to provide them with a clearer analysis of the status of the College’s activities,

                           —

                           regularly update its progress report on the level of implementation of its MAP,

                           —

                           provide Parliament with the IAS’ annual reports pursuant to the relevant provisions of the Financial Regulation,

               20.

               Welcomes the Court of Auditors publication of a report on the implementation of the College’s MAP for 2010-2014 in response to Parliament’s request; notes that in this report the Court of Auditors stated that the College’s implementation of the MAP is progressing according to its milestones; welcomes in this respect that the College proved to have entirely completed its MAP 1 (governance), MAP 4 (validation of its financial system), MAP 5 (financial environment), MAP 6 (transparency over its Governing Board), MAP 8 (strategy plan), MAP 9 (multi-annual recruitment plan); MAP 12 (procurement control environment) and that the remaining MAP objectives are in progress or on schedule;

               21.

               Calls on the College to consult Parliament regularly and to continue to update it with its progress report on the MAP implementation;

               22.

               Welcomes also the IAS’ note on the 3rd progress report on the implementation of the College’s MAP; notes in particular that this note states that the IAS considers that the College responds adequately to the IAS comments and recommendations and although the description in the progress report remains fairly general, it gives a clear overview of the status of the different milestones and should thereby serve as a satisfactory basis for informing different stakeholders, including Parliament’s Committee on Budgetary Control;

      Structural deficits

               23.

               Underlines that the governance costs of the College are high compared to its activities; welcomes, therefore, the efforts of the College to reduce its governance expenditure at its 25th Governing Board (GB) meeting of June 2011, when it was agreed that all GB committees should be abolished by 2012 and that all GB working groups should be critically analysed;

               24.

               Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2011 (8) on the performance, financial management and control of the agencies.

      (1)  OJ C 338, 14.12.2010, p. 137.

      (2)  OJ L 250, 27.9.2011, p. 260.

      (3)  OJ L 248, 16.9.2002, p. 1.

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

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

      (6)  OJ L 320, 7.12.2010, p. 11.

      (7)  OJ L 56, 4.3.1968, p. 1.

      (8)  OJ L 250, 27.9.2011, p. 269.


Avis juridique important

|

32002D0010

2002/10/EC: Council Decision of 10 December 2001 relating to the conclusion of an Additional Protocol fixing the provisions applicable to trade in certain fish and fishery products to the Agreement establishing an association between the European Economic Community and the Republic of Cyprus

Official Journal L 005 , 09/01/2002 P. 0013 - 0013

Council Decisionof 10 December 2001relating to the conclusion of an Additional Protocol fixing the provisions applicable to trade in certain fish and fishery products to the Agreement establishing an association between the European Economic Community and the Republic of Cyprus(2002/10/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300(2), first subparagraph, first sentence, thereof,Having regard to the proposal from the Commission,Whereas:(1) It is desirable to complete by means of an Additional Protocol the Agreement establishing an association between the European Economic Community and the Republic of Cyprus(1), so as to provide for preferential conditions for the importation into the Community of certain fish and fishery products originating in the Republic of Cyprus, and into the Republic of Cyprus of certain fish and fishery products originating in the Community.(2) To that end a new Protocol laying down the trade arrangements for certain fish and fishery products should be added to the said Association Agreement.(3) The Protocol should be approved,HAS DECIDED AS FOLLOWS:Article 1The Additional Protocol fixing the provisions applicable to trade in certain fish and fishery products to the Agreement establishing an association between the European Economic Community and the Republic of Cyprus, is hereby approved on behalf of the Community.The text of the Protocol is attached to this Decision.Article 2The tariff quotas referred to in Articles 2 and 3 of the Protocol shall be managed by the Commission in accordance with Articles 308a and 308b of Regulation (EEC) No 2454/93(2). Their order numbers shall be 09.1435 and 09.1436 respectively.Article 3The President of the Council is authorised to designate the person empowered to sign the Protocol in order to bind the Community.Done at Brussels, 10 December 2001.For the CouncilThe PresidentL. Michel(1) OJ L 133, 21.5.1973, p. 2.(2) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 993/2001 (OJ L 141, 28.5.2001, p. 1).


Avis juridique important

|

31999D0731(01)

Decision of the European Parliament, of the Council and of the Commission of 19 July 1999 appointing the members of the Supervisory Committee of the European Anti-Fraud Office (OLAF)

Official Journal C 220 , 31/07/1999 P. 0001 - 0002

DECISION OF THE EUROPEAN PARLIAMENT, OF THE COUNCIL AND OF THE COMMISSIONof 19 July 1999appointing the members of the Supervisory Committee of the European Anti-Fraud Office (OLAF)(1999/C 220/01)THE EUROPEAN PARLIAMENT,THE COUNCIL OF THE EUROPEAN UNION,THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to the Treaty establishing the European Atomic Energy Community,Having regard to the Commission Decision of 28 April 1999 establishing the European Anti-Fraud Office (OLAF)(1), and in particular Article 4 thereof,Having regard to Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999(2) and Council Regulation (Euratom) No 1074/1999 of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)(3), and in particular Article 11(2) of each of those Regulations.Whereas:(1) Articles 11(2) of Regulations (EC) No 1073/1999 and (Euratom) No 1074/1999 provide that the Supervisory Committee of the European Anti-Fraud Office (OLAF) is to be composed of five independent outside persons who possess the qualifications required for appointment in their respective countries to senior posts relating to the Office's areas of activity;(2) The Supervisory Committee should be appointed as soon as possible;(3) Articles 11(2) of the said Regulations provide that the members of the Supervisory Committee are to be appointed by common accord of the European Parliament, the Council and the Commission,HAVE DECIDED AS FOLLOWS:Article 1The following persons are hereby appointed as members of the Supervisory Committee of the European Anti-Fraud Office (OLAF) as from 1 August 1999:- Mireille DELMAS-MARTY- Edmondo BRUTI-LIBERATI- José Narciso da CUNHA RODRIGUES- Raymond KENDALL- Harald NOACKArticle 2The Commission shall inform the above persons of this Decision.Article 3This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 19 July 1999.For the European Parliament The PresidentJ. M. GIL-ROBLESFor the Council The PresidentT. HALONENFor the Commission The PresidentM. MARÍN(1) OJ L 136, 31.5.1999, p. 20.(2) OJ L 136, 31.5.1999, p. 1.(3) OJ L 136, 31.5.1999, p. 8.


title: Council Decision (CFSP) 2017/154 of 27 January 2017 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2016/1136

text:
               28.1.2017

               EN

               Official Journal of the European Union

               L 23/21

         COUNCIL DECISION (CFSP) 2017/154
   of 27 January 2017
   updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2016/1136
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 27 December 2001, the Council adopted Common Position 2001/931/CFSP (1).

               (2)

               On 12 July 2016, the Council adopted Decision (CFSP) 2016/1136 (2) updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP (‘the list’).

               (3)

               In accordance with Article 1(6) of Common Position 2001/931/CFSP, it is necessary to review at regular intervals the names of persons, groups and entities on the list to ensure that there are grounds for keeping them thereon.

               (4)

               This Decision sets out the result of the review that the Council has carried out in respect of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply.

               (5)

               The Council has verified that competent authorities, as referred to in Article 1(4) of Common Position 2001/931/CFSP, have taken decisions with regard to all persons, groups and entities on the list to the effect that they have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP. The Council has also concluded that the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply should continue to be subject to the specific restrictive measures provided for therein.

               (6)

               The list should be updated accordingly and Decision (CFSP) 2016/1136 should be repealed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The list of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply is set out in the Annex to this Decision.
   Article 2
   Decision (CFSP) 2016/1136 is repealed.
   Article 3
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 27 January 2017.

            For the Council

            The President

         E. SCICLUNA

      (1)  Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (OJ L 344, 28.12.2001, p. 93).

      (2)  Council Decision (CFSP) 2016/1136 of 12 July 2016 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2015/2430 (OJ L 188, 13.7.2016, p. 21).

      ANNEX

         LIST OF PERSONS, GROUPS AND ENTITIES REFERRED TO IN ARTICLE 1

      I.   PERSONS

                  1.

                  ABDOLLAHI, Hamed (a.k.a. Mustafa Abdullahi), born 11 August 1960 in Iran. Passport No: D9004878.

                  2.

                  AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa (Saudi Arabia), citizen of Saudi Arabia.

                  3.

                  AL YACOUB, Ibrahim Salih Mohammed, born 16 October 1966 in Tarut (Saudi Arabia), citizen of Saudi Arabia.

                  4.

                  ARBABSIAR, Manssor (a.k.a. Mansour Arbabsiar), born 6 or 15 March 1955 in Iran, Iranian and US national. Passport No: C2002515 (Iran); Passport No: 477845448 (USA). National ID No: 07442833, expiry date 15 March 2016 (USA driving licence).

                  5.

                  BOUYERI, Mohammed (a.k.a. Abu ZUBAIR, a.k.a. SOBIAR, a.k.a. Abu ZOUBAIR), born 8 March 1978 in Amsterdam (the Netherlands) — member of the ‘Hofstadgroep’.

                  6.

                  EL HAJJ, Hassan Hassan, born 22 March 1988 in Zaghdraiya, Sidon, Lebanon, Canadian citizen. Passport No: JX446643 (Canada).

                  7.

                  IZZ-AL-DIN, Hasan (a.k.a. GARBAYA, Ahmed, a.k.a. SA-ID, a.k.a. SALWWAN, Samir), born 1963 in Lebanon, citizen of Lebanon.

                  8.

                  MELIAD, Farah, born 5 November 1980 in Sydney (Australia), Australian citizen. Passport No: M2719127 (Australia).

                  9.

                  MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem, a.k.a. BIN KHALID, Fahd Bin Adballah, a.k.a. HENIN, Ashraf Refaat Nabith, a.k.a. WADOOD, Khalid Adbul), born 14 April 1965 or 1 March 1964 in Pakistan, Passport No: 488555.

                  10.

                  ȘANLI, Dalokay (a.k.a. Sinan), born 13 October 1976 in Pülümür (Turkey).

                  11.

                  SHAHLAI, Abdul Reza (a.k.a. Abdol Reza Shala'i, a.k.a. Abd-al Reza Shalai, a.k.a. Abdorreza Shahlai, a.k.a. Abdolreza Shahla'i, a.k.a. Abdul-Reza Shahlaee, a.k.a. Hajj Yusef, a.k.a. Haji Yusif, a.k.a. Hajji Yasir, a.k.a. Hajji Yusif, a.k.a.Yusuf Abu-al-Karkh), born circa 1957 in Iran. Addresses: (1) Kermanshah, Iran, (2) Mehran Military Base, Ilam Province, Iran.

                  12.

                  SHAKURI, Ali Gholam, born circa 1965 in Tehran, Iran.

                  13.

                  SOLEIMANI, Qasem (a.k.a. Ghasem Soleymani, a.k.a. Qasmi Sulayman, a.k.a. Qasem Soleymani, a.k.a. Qasem Solaimani, a.k.a. Qasem Salimani, a.k.a. Qasem Solemani, a.k.a. Qasem Sulaimani, a.k.a. Qasem Sulemani), born 11 March 1957 in Iran. Iranian national. Passport No: 008827 (Iran Diplomatic), issued 1999. Title: Major General.

            II.   GROUPS AND ENTITIES

                  1.

                  ‘Abu Nidal Organisation’ — ‘ANO’ (a.k.a. ‘Fatah Revolutionary Council’, a.k.a. ‘Arab Revolutionary Brigades’, a.k.a. ‘Black September’, a.k.a. ‘Revolutionary Organisation of Socialist Muslims’).

                  2.

                  ‘Al-Aqsa Martyrs' Brigade’.

                  3.

                  ‘Al-Aqsa e.V.’.

                  4.

                  ‘Babbar Khalsa’.

                  5.

                  ‘Communist Party of the Philippines’, including ‘New People's Army’ — ‘NPA’, Philippines.

                  6.

                  ‘Gama'a al-Islamiyya’ (a.k.a. ‘Al-Gama'a al-Islamiyya’) (‘Islamic Group’ — ‘IG’).

                  7.

                  ‘İslami Büyük Doğu Akıncılar Cephesi’ — ‘IBDA-C’ (‘Great Islamic Eastern Warriors Front’).

                  8.

                  ‘Hamas’, including ‘Hamas-Izz al-Din al-Qassem’.

                  9.

                  ‘Hizballah Military Wing’ (a.k.a. ‘Hezbollah Military Wing’, a.k.a. ‘Hizbullah Military Wing’, a.k.a. ‘Hizbollah Military Wing’, a.k.a. ‘Hezballah Military Wing’, a.k.a. ‘Hisbollah Military Wing’, a.k.a. ‘Hizbu'llah Military Wing’, a.k.a. ‘Hizb Allah Military Wing’, a.k.a. ‘Jihad Council’ (and all units reporting to it, including the External Security Organisation)).

                  10.

                  ‘Hizbul Mujahideen’ — ‘HM’.

                  11.

                  ‘Hofstadgroep’.

                  12.

                  ‘Khalistan Zindabad Force’ — ‘KZF’.

                  13.

                  ‘Kurdistan Workers' Party’ — ‘PKK’ (a.k.a. ‘KADEK’, a.k.a. ‘KONGRA-GEL’).

                  14.

                  ‘Liberation Tigers of Tamil Eelam’ — ‘LTTE’.

                  15.

                  ‘Ejército de Liberación Nacional’ (‘National Liberation Army’).

                  16.

                  ‘Palestinian Islamic Jihad’ — ‘PIJ’.

                  17.

                  ‘Popular Front for the Liberation of Palestine’ — ‘PFLP’.

                  18.

                  ‘Popular Front for the Liberation of Palestine — General Command’ (a.k.a. ‘PFLP — General Command’).

                  19.

                  ‘Fuerzas armadas revolucionarias de Colombia’ — ‘FARC’ (‘Revolutionary Armed Forces of Colombia’).

                  20.

                  ‘Devrimci Halk Kurtuluș Partisi-Cephesi’ — ‘DHKP/C’ (a.k.a. ‘Devrimci Sol’ (‘Revolutionary Left’), a.k.a. ‘Dev Sol’) (‘Revolutionary People's Liberation Army/Front/Party’).

                  21.

                  ‘Sendero Luminoso’ — ‘SL’ (‘Shining Path’).

                  22.

                  ‘Teyrbazen Azadiya Kurdistan’ — ‘TAK’ (a.k.a. ‘Kurdistan Freedom Falcons’, a.k.a. ‘Kurdistan Freedom Hawks’).


title: Decision (EU) 2015/1706 of the European Parliament of 29 April 2015 on the closure of the accounts of the European Institute of Innovation and Technology for the financial year 2013

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/414

      DECISION (EU) 2015/1706 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on the closure of the accounts of the European Institute of Innovation and Technology for the financial year 2013
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Institute of Innovation and Technology for the financial year 2013,

                  —

                  having regard to the Court of Auditors' report on the annual accounts of the European Institute of Innovation and Technology for the financial year 2013, together with the Institute's replies (1),

                  —

                  having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2013, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to the Council's recommendation of 17 February 2015 on discharge to be given to the Institute in respect of the implementation of the budget for the financial year 2013 (05304/2015 — C8-0054/2015),

                  —

                  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 (3),

                  —

                  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 (4), and in particular Article 208 thereof,

                  —

                  having regard to Regulation (EC) No 294/2008 of the European Parliament and of the Council of 11 March 2008 establishing the European Institute of Innovation and Technology (5), and in particular Article 21 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 (6),

                  —

                  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 (7), and in particular Article 108 thereof,

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control (A8-0077/2015),

         1.

            Notes that the final annual accounts of the European Institute of Innovation and Technology are as annexed to the Court of Auditors' report;

         2.

            Postpones the closure of the accounts of the European Institute of Innovation and Technology for the financial year 2013;

         3.

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

               The President

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ C 442, 10.12.2014, p. 184.

         (2)  See footnote 1.

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

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

         (5)  OJ L 97, 9.4.2008, p. 1.

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

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


title: Council Decision of 28 June 2004 appointing the full members and alternate members of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia

text:
               18.1.2005

               EN

               Official Journal of the European Union

               C 12/1

      COUNCIL DECISION

   of 28 June 2004
   appointing the full members and alternate members of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
   (2005/C 12/01)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to the Act of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union (1), and in particular Article 20 thereof,
   Having regard to Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (2), as last amended by Regulation (EEC) No 1947/93 (3), and in particular Article 6 thereof,
   Having regard to the lists of nominees submitted to the Council by the Governments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia for government representatives and those forwarded by the Commission for representatives of workers' and employers' organisations,
   Whereas:

               (1)

               By its Decision of 8 November 2001 (4) the Council appointed the full members and alternate members of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions for the period from 19 October 2001 to 18 October 2004.

               (2)

               The full members and alternates representing the Governments of the new Member States and workers' and employers' organisations there must be appointed for the period ending on 18 October 2004,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following are hereby appointed full members and alternate members of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions for the period remaining until 18 October 2004:
   I.   GOVERNMENT REPRESENTATIVES

               Country

               Full member

               Alternate member

               Czech Republic

               Mr Vlastimil VÁŇA

               Mr Josef JIRKAL

               Estonia

               Mr Tiit KAADU

               Mr Ivar RAIK

               Cyprus

               Ms Lenia SAMUEL

               Mr Charalambos KOLOKOTRONIS

               Latvia

               Ms Ineta TĀRE

               Ms Ineta VJAKSE

               Lithuania

               Ms Rita KAZLAUSKIENE

               Ms Milda PETROKAITE

               Hungary

               Ms Mária LADÓ

               Ms Edit VIRÁG

               Malta

               Mr John CAMILLERI

               Ms Anna BORG

               Poland

               Ms Agnieszka CHLON-DOMIŃCZAK

               Mr Jerzy CIECHAŃSKI

               Slovenia

               Ms Vladka KOMEL

               Ms Metka Štoka DEBEVEC

               Slovakia

               Ms Elena MICHALDOVÁ

               Ms Elena BARTUNKOVÁ

         II.   REPRESENTATIVES OF WORKERS' ORGANISATIONS

               Country

               Full member

               Alternate member

               Czech Republic

               Ms Hana MÁLKOVÁ

               Mr Luděk TOMAN

               Estonia

               Ms Vaike PARKEL

               Mr Kalle KALDA

               Cyprus

               Mr Demetris KITTENIS

               Mr Petros THEOPHANOUS

               Latvia

               Ms Iveta OZOLA

               Ms Lolita BURBO

               Lithuania

               Ms Janina MATUIZIENE

               Mr Vaidotas PETRONIS

               Hungary

               Ms Erzsébet HANTI

               Mr László GYIMESI

               Malta

               Mr Michael PARNIS

               Mr Charles MAGRO

               Poland

               Mr Bogdan OLSZEWSKI

               Ms Agata BARANOWSKA-GRYCUK

               Slovenia

               Mr Pavle VRHOVEC

               Mr Jure SNOJ

               Slovakia

               Ms Eva MEŠŤANOVÁ

               Ms Margita ANČICOVÁ

         III.   REPRESENTANTIVES OF EMPLOYERS' ORGANISATIONS

               Country

               Full member

               Alternate member

               Czech Republic

               Ms Vladimira DRBALOVÁ

               Mr Josef FORNŮSEK

               Estonia

               Ms Eve PÄÄRENDSON

               Mr Tarmo KRIIS

               Cyprus

               Mr Michael ANTONIOU

               Ms Lena PANAYIOTOU

               Latvia

               Ms Elina EGLE

               Mr Edgars KORČAGINS

               Lithuania

               Ms Laura SIRVYDIENE

               Mr Dmitrj SLEPNIOV

               Hungary

               Mr Antal CSUPORT

               Mr Attila SZABADKAI

               Malta

               Mr John SCICLUNA

               Ms Roselyn BORG

               Poland

               Mr Michał BONI

               Mr Andrzej JANKOWSKI

               Slovenia

               Mr Marjan RAVNIK

               Ms Nina GLOBOČNIK

               Slovakia

      Done at Luxembourg, 28 June 2004

            For the Council

            The President

         M. CULLEN

      (1)  OL L 236, 23.9.2003.

      (2)  OJ L 139, 30.5.1975, p. 1.

      (3)  OJ L 181, 23.7.1993, p. 13.

      (4)  OJ C 327, 22.11.2001, p. 1.


Avis juridique important

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31986D0181

86/181/EEC: Council Decision of 6 May 1986 concerning the accession of the European Economic Community to the Agreement on the temporary importation, free of duty, of medical, surgical and laboratory equipment for use on free loan in hospitals and other medical institutions for purposes of diagnosis or treatment

Official Journal L 131 , 17/05/1986 P. 0047 - 0047 Finnish special edition: Chapter 2 Volume 4 P. 0116  Swedish special edition: Chapter 2 Volume 4 P. 0116

*****COUNCIL  DECISION  of 6 May 1986  concerning the accession of the European Economic Community to the Agreement on the temporary importation, free of duty, of medical, surgical and laboratory equipment for use on free loan in hospitals and other medical institutions for purposes of diagnosis or treatment  (86/181/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the proposal from the Commission,  Whereas Articles 1 and 2 of the Agreement on the temporary importation, free of duty, of medical, surgical and laboratory equipment for use on free loan in hospitals and other medical institutions for purposes of diagnosis and treatment, drawn up on the initiative of the Council of Europe, provide that each Contracting Party shall grant all possible facilities for the duty-free importation on a temporary basis of such equipment made available to it by another Contracting Party;  Whereas any derogation from the Common Customs Tariff, whether autonomous or conventional, falls within the competence of the Community;  Whereas the entry into force of an Additional Protocol enabling the Community to become a Contracting Party to the abovementioned Agreement allows the Community to exercise its power in this matter; whereas the derogations established by that Agreement are already provided for by Community temporary importation rules;  Whereas the Community ought therefore to become a Contracting Party to the Agreement in question,  HAS DECIDED AS FOLLOWS:  Article 1  The Accession of the Community to the Agreement on the temporary importation, free of duty, of medical, surgical and laboratory equipment for use on free loan in hospitals and other medical institutions for purposes of diagnosis or treatment is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in order to bind the Community.  Done at Brussels, 6 May 1986.  For the Council  The President  P. H. van ZEIL


title: Council Decision of 25 February 1975 concerning the importation of cane sugar originating in the overseas countries and territories (OCT)

text:
17. 10 . 75                          Official Journal of the European Communities                                No L 268 /43
                                                  COUNCIL DECISION
                                                   on 25 February 1975
                concerning the importation of cane sugar originating in the overseas countries
                                                   and territories (OCT)
                                                       (75/61 4/ EEC)
THE COUNCIL OF THE EUROPEAN                                       the OCT sugar exporters shall deliver the quantities
COMMUNITIES,                                                      referred to in Article 2 ( 1 ), subject always to any adjust
                                                                  ments resulting from the application of Article 6.
Having regard to the Treaty establishing the European             They shall also deliver the quantities referred to in
Economic Community, and in particular Article 136                 Article 2 (2) in the period up to 30 June 1975, which
thereof ;
                                                                  shall also be regarded as a delivery period.
Having regard to the recommendation from the                      2. The quantities to be delivered up to 30 June
Commission ;
                                                                   1975, referred to in Article 2 (2), shall include supply
Whereas it is desirable to provide in respect of cane             en route from port of shipment.
sugar originating in the overseas countries and territo          3 . Deliveries of OCT cane sugar in the period up to
ries arrangements analogous with those contained in               30 June 1975 shall benefit from the guaranteed prices
interim Agreements with certain ACP states                        applicable in the delivery period beginning 1 July
concerning sugar,                                                 1975. Identical arrangements may be made for
                                                                  subsequent delivery periods.
HAS DECIDED AS FOLLOWS :
                                                                                Article 4
                          A rticle 1
                                                                   1 . The white or raw cane sugar shall be marketed
1.    The European        Economic Community shall,               on the Community market at prices freely negotiated
under the conditions laid down hereunder, ensure the
                                                                  between buyers and sellers.
purchase and import, at guaranteed prices, specific
quantities of cane sugar, raw or white, originating in            2.     The Community shall not intervene if and when
the overseas countries and territories (OCT) which the            a Member State allows selling prices within its borders
OCT deliver to it .                                               to exceed the Community's threshold price .
2. The implementation of this Decision shall be                   3 . The Community shall purchase, at the
carried out within the framework of the management                guaranteed price, quantities of white or raw sugar,
of the common organization of the sugar market.                   within specified quantities, which cannot be marketed
                                                                  in the Community at a price equivalent to or in
                          Article 2                               excess of the guaranteed price .
1 . The quantities of cane sugar referred to in                   4 . The guaranteed price , expressed in units of
Article 1 expressed in metric tons of white sugar,                account, shall refer to unpacked sugar, cif European
hereinafter referred to as 'specified quantities', for            ports of the Community, and shall be fixed in respect
delivery in each 12-month period referred to in                   of standard quality sugar, as defined in Community
Article 3 ( 1 ), shall be as follows :                            Regulations .
      Belize                                   39 400
                                                                  5.     For the period from 1 February 1975 to 30 June
      St. Kitts — Nevis — Anguilla              14 800             1976 inclusive the guaranteed prices shall be as
      Surinam                                                     follows :
2.     Nevertheless, in respect of the period up to 30            (a) for raw sugar, 25-53 units of account per 100 kilo
June 1975 the specified quantities, expressed in                       grammes ;
metric tons of white sugar, shall be as follows :                 (b) for white sugar, 31-72 units of account per 100
      Belize                                    14 800                 kilogrammes.
      St. Kitts — Nevis — Anguilla               7 900
     Surinam                                                                               Article 5
                          Article 3                               Purchase at the guaranteed price, referred to in Article
                                                                  4 (3), shall be assured through the medium of the
1.     In each 12-month period from 1 July to 30 June             intervention agencies or of the other agents appointed
inclusive, herinafter referred to as the 'delivery period',       by the Community.
 ---pagebreak--- No L 268 /44                         Official Journal of the European Communities                           17 . 10 . 75
                         Article 6                             ered quantity shall be re-allocated between the other
                                                               OCT referred to in Article 2 .
1.    If, during any delivery periods, an OCT exporter
of sugar fails to deliver its specified quantity in full for
                                                                                Article 7
reasons of force majeure, the Commission, at the
request of the Member State with which the OCT                 The provisions of this Decision shall enter into force
concerned has special relations, shall allow the neces        on 28 February 1975. They shall continue to apply up
sary additional period for delivery.                           to the date on which the future Decision of the
2.    If an OCT exporter of sugar informs the                   Council enters into force concerning the Association
Commission during the course of a delivery period              of OCT with the European Economic Community,
that it will be unable to deliver its specified quantity       and not later than 30 June 1976. If the future Deci
in full and that it does not wish to have the additional        sion enters into force before 30 June 1976, appro
period referred to in paragraph 1 above, the shortfall          priate measures shall be taken to ensure the applica
shall be re-allocated by the Commission for delivery            tion up to 30 June 1976 of the guaranteed price laid
during the delivery period in question .                        down in Article 4 (5).
3.    If during any delivery period, an OCT sugar
exporter fails to deliver its specified quantity in full        Done at Brussels, 25 February 1975.
for reasons other than force-majeure, that quantity
shall be reduced in respect of each subsequent                                              For the Council
delivery period by the undelivered quantity.
                                                                                The President
4.    It may be decided by the Commission that in
respect of subsequent delivery periods, the undeliv                                        G. FITZGERALD


Avis juridique important

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31980D0024

80/24/EEC: Council Decision fo 18 December 1979 concerning the conclusion of the Agreement in the form of an exchange of letters extending the Trade Agreement between the European Economic Community and the Argentine Republic

Official Journal L 012 , 17/01/1980 P. 0019

****( 1 ) OJ NO L 249 , 10 . 11 . 1971 , P . 19 .        COUNCIL DECISION   OF 18 DECEMBER 1979   CONCERNING THE CONCLUSION OF THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS EXTENDING THE TRADE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE ARGENTINE REPUBLIC  ( 80/24/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 113 THEREOF ,   HAVING REGARD TO THE RECOMMENDATION FROM THE COMMISSION ,   WHEREAS THE TRADE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE ARGENTINE REPUBLIC ( 1 ) SHOULD BE EXTENDED FOR ONE YEAR AS PROVIDED FOR IN ARTICLE 9 ( 2 ) THEREOF ,   HAS DECIDED :   ARTICLE 1   THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS EXTENDING THE TRADE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE ARGENTINE REPUBLIC IS HEREBY APPROVED ON BEHALF OF THE COMMUNITY .   THE TEXT OF THE AGREEMENT IS ANNEXED TO THIS DECISION .   ARTICLE 2   THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO DESIGNATE THE PERSONS EMPOWERED TO SIGN THE AGREEMENT AND TO CONFER ON THEM THE POWERS REQUIRED IN ORDER TO BIND THE COMMUNITY .   DONE AT BRUSSELS , 18 DECEMBER 1979 .   FOR THE COUNCIL   THE PRESIDENT   B . LENIHAN ****    AGREEMENT   IN THE FORM OF AN EXCHANGE OF LETTERS EXTENDING THE TRADE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE ARGENTINE REPUBLIC   A . LETTER TO THE ARGENTINE AUTHORITIES   SIR ,   WITH REFERENCE TO ARTICLE 9 ( 2 ) OF THE TRADE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE ARGENTINE REPUBLIC SIGNED IN BRUSSELS ON 8 NOVEMBER 1971 , I AM PLEASED TO INFORM YOU THAT THE EUROPEAN ECONOMIC COMMUNITY AGREES TO THE EXTENSION OF THE ABOVE AGREEMENT FOR A PERIOD OF ONE YEAR FROM 1 JANUARY 1980 .   PLEASE ACCEPT , SIR , THE ASSURANCE OF MY HIGHEST CONSIDERATION .   FOR THE COUNCIL OF THE   EUROPEAN COMMUNITIES   B . LETTER TO THE PRESIDENT OF THE COUNCIL OF THE EUROPEAN COMMUNITIES   SIR ,   IN YOUR LETTER OF . . . . ., YOU INFORMED ME AS FOLLOWS :   ' WITH REFERENCE TO ARTICLE 9 ( 2 ) OF THE TRADE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE ARGENTINE REPUBLIC SIGNED IN BRUSSELS ON 8 NOVEMBER 1971 , I AM PLEASED TO INFORM YOU THAT THE EUROPEAN ECONOMIC COMMUNITY AGREES TO THE EXTENSION OF THE ABOVE AGREEMENT FOR A PERIOD OF ONE YEAR FROM 1 JANUARY 1980 . '   I AM PLEASED TO INFORM YOU , ON BEHALF OF THE GOVERNMENT OF THE ARGENTINE REPUBLIC , THAT MY GOVERNMENT ALSO AGREES TO THE EXTENSION OF THE ABOVE AGREEMENT FOR A PERIOD OF ONE YEAR FROM 1 JANUARY 1980 .   PLEASE ACCEPT , SIR , THE ASSURANCE OF MY HIGHEST CONSIDERATION . ****    NOTIFICATION OF THE SIGNING OF THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS EXTENDING THE TRADE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE ARGENTINE REPUBLIC   THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS ( 1 ) EXTENDING THE TRADE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE ARGENTINE REPUBLIC WAS SIGNED IN BRUSSELS ON 19 DECEMBER 1979 .


title: Council Decision of 4 June 2009 appointing one Dutch member of the Committee of the Regions

text:
               11.6.2009

               EN

               Official Journal of the European Union

               C 132/2

      COUNCIL DECISION

   of 4 June 2009
   appointing one Dutch member of the Committee of the Regions
   2009/C 132/02
   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 proposal of the Dutch Government,
   Whereas:

               (1)

               On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

               (2)

               A member's seat on the Committee of the Regions has become vacant following the resignation of Mr Ivo OPSTELTEN,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following is hereby appointed to the Committee of the Regions as a member for the remainder of the current term of office, which runs until 25 January 2010:
   Mr Ahmed ABOUTALEB, Burgemeester van Rotterdam (mayor of Rotterdam).
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Luxembourg, 4 June 2009.

            For the Council

            The President

         Martin PECINA

      (1)  OJ L 56, 25.2.2006, p. 75.


Avis juridique important

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31993D0325

93/325/EEC: Commission Decision of 18 May 1993 terminating the anti-dumping proceeding concerning imports of paint, distemper, varnish and similar brushes originating in the People's Republic of China

Official Journal L 127 , 25/05/1993 P. 0015

COMMISSION DECISION of 18 May 1993 terminating the anti-dumping proceeding concerning imports of paint, distemper, varnish and similar brushes originating in the People's Republic of China(93/325/EEC)THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 9 thereof,  After consultation within the advisory Committee as provided for by the above Regulation,  Whereas:  A. PROCEDURE  (1) In April 1986 the Commission received a complaint lodged by the 'Fédération européenne de l'industrie de la brosserie et de la pinceauterie' on behalf of Community producers of paint, distemper, varnish and similar brushes whose  collective output constitutes practically all Community production of the product in question. The complaint contained evidence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a  proceeding. The Commission accordingly announced, by a notice in the Official Journal of the European Communities (2), the initiation of an anti-dumping proceeding concerning imports into the Community of paint, distemper, varnish and similar brushes  falling within Common Customs Tariff subheading ex 96.01 B III and corresponding to NIMEXE code 96.01-49, originating in the People's Republic of China and commenced an investigation.  (2) In the course of this proceeding the Chinese exporters offered an undertaking which was accepted. The Commission established that this undertaking was violated by the Chinese exporters and subsequently the Council imposed definitive anti-dumping  duties by Regulation (EEC) No 725/89 (3).  (3) Council Regulation (EEC) No 725/89 was ruled invalid by the Court of Justice in its judgment of 22 October 1991 (4).  Following the Decision of the Court of Justice, the Commission resumed the investigation and published to that effect a Notice in the Official Journal of the European Communities (5).  (4) The Commission officially advised the exporters and importers known to be concerned and the complainant. Parties directly concerned were given the opportunity to make their views known in writing and to request a hearing.  (5) Representatives of the exporters, the complainant and several importers made their view known in writing. Some exporters requested and were granted a hearing.  (6) The Commission sought and verified the information it deemed to be necessary for the purposes of the investigation and carried out investigations at the premises of the following:  (a) Community producers:  - Bechtloff KG, Burk, Germany,  - Fuehr &  Soehne Pinselfabrik GmbH, Bechhofen, Germany,  - Gebr. Schabert GmbH, Dinkelsbuehl, Germany,  - Hamilton Acorn Ltd, Attleborough, United Kingdom,  - Mosley-Stone Ltd, Leeds, United Kingdom,  - Franpin SA, La Capelle, France,  - Pennellificio Gava &  C. SpA, San Vendemiano, Italy,  - Pennellificio Pol Gianfranco, San Vendemiano, Italy,  - VE.S.P.A. SRL, San Pietro de Feletto, Italy;  (b) Importers in the Community:  - Charles Bentley &  Son, Loughborough, United Kingdom,  - WMS Group Ltd, Brighouse, United Kingdom.  (7) The period selected for the investigation of dumping and of the effects of the allegedly dumped imports in the Community market ran from 1 January to 31 December 1991. The establishment of a new investigation period, immediately prior to the date of  publication of the Notice resuming the investigation, was require in order to update the information available and to collect new data concerning both dumping and injury. The previous investigation period used in the proceeding ran from 1 July 1987 to  31 August 1988.  (8) This last stage of the investigation has exceeded the normal time period because of the large number of Community producers involved.  B. COMMUNITY INDUSTRY  (9) As indicated in recital 1 above, the complainant represented nearly all Community output of the product in question and could therefore be considered as the Community industry within the meaning of Article 4 (5) of Regulation  (EEC) No 2423/88. The Commission, in view of the large number and the relatively small size of many of the producers involved, did not ask all Community producers to reply to a complete questionnaire and selected 25 firms to which full questionnaires  were sent. This selection was done on the basis of size and geographical location and 25 firms of small, medium and large size located in eight Member States were chosen. The collective output of these firms exceeded 65 % of total Community production  and were considered representative of the Community industry as a whole.  C. PRODUCT UNDER CONSIDERATION LIKE PRODUCT  (10) The products under investigation are paint, distemper, varnish and similar brushes, falling within CN code 9603 40 10 (hereinafter referred to as 'paint brushes'). Paint brushes are marketed with a wide  range of sizes, models, forms, qualities and prices. No clear distinction can be made, however, between the various models. All models concerned possess basic common physical and technical characteristics which place them within the same category of  like product.  (11) The imported paint brushes have the same physcial characteristics and uses and are alike to or closely ressembling in all respects to those produced by the Community industry.  D. INJURY   1. Volume of Community market and market shares of allegedly dumped imports  (12) The total consumption of paint brushes in the Community market increased from 171 million units worth ECU 110 million in 1988 to 186 million units worth ECU 129 million in  1991.  Sales of paint brushes originating in the People's Republic of China decreased in the same period from 62 million units and ECU 9,4 million to 28 million units and ECU 4,1 million.  Thus, the market share of the imports originating in the People's Republic of China decreased from 36,2 % in 1988 to 15,3 % in 1991 in terms of volume and from 8,5 % in 1988 to 3,2 % in 1991 in terms of value.  2. Prices of imports  (13) The prices of the paint brushes imported from the People's Republic of China were found to be consistently below the prices practised by the Community producers.  3. Situation of the Community industry  (a) Production, capacity, utilization and stocks (14) The production of the Community industry developed from 126 million units in 1988 to 155 million units in 1991 which represents an increase of over 23 % in a period in which the market, as explained in recital 12, grew by nearly 9 %. Due to the  substantial increase in capacity in the period considered, capacity utilization decreased from 77 % in 1988 to 69 % in 1991.  As far as stocks are concerned, they were reduced from 17,3 million units in 1988 to 15,8 million units in 1991.  (b) Sales and market share (15) Sales of the Community industry in the Community market increased both in volume and value during the period considered, from 96 million units and ECU 96 million in 1988 to 127 million units and ECU 116 million in 1991.  As to the market share of the Community industry in the same period it also increased from 56,1 % to 68,4 % in terms of volume and from 87,6 % to 89,6 % in terms of value.  (c) Prices (16) Because of the very large number of models being sold, the information available concerning the evolution of prices is not conclusive. Indeed, although a comparison of total sales in volume and value terms shows a general price decrease of 9 % from  1988 to 1991, verified information concerning the best selling models of the Community industry showed a price increase of 8 % over the same period. Thus, the general decrease in prices appears to be due more to changes in the product mix than to a  declining trend in prices. This would explain the limited impact of the general decrease in prices on the profitability of the Community industry.  (d) Profitability (17) The profits and the complainant industry, which had been declining before 1988, subsequently recovered. Although the profitability decreased slightly in 1991 with respect to the previous year, it can still be considered as satisfactory in view of  the type of product and of the technology involved.  (e) Investment and employment (18) The Community industry carried out substantial investments in the period 1988 to 1991 resulting in increased capacity (see recital 14) and improved efficiency. As regards employment, there was a moderate increase in the same period in contrast with  a reduction in employment before 1988.  4. Conclusions on injury  (19) The overall situation of the Community industry was positive during 1991. Since 1988 the Community producers have been able to increase their production considerably. Their sales both in terms of volume and value have  increased by more than 20 % while they have maintained their profitability at a level which can be considered acceptable. As regards employment, investments and stocks, there are positive developments during the period considered.  The exports from the People's Republic of China to the Community have declined substantially since 1988. Thus, in 1991, the market share of the Chinese imports in the Community market accounted for 3,2 % in terms of value or 15,3 % in terms of volume by  comparison to 8,5 % and 36,2 % respectively in 1988.  The Commission has noted that, during the period investigated, imports from other third countries, often at very low prices, have entered the Community market increasing considerably their market share and that, although no measures against imports from  these countries were in force, this increase has not prevented the Community industry from maintaining a quite healthy situation. This shows that imports from China have been mainly replaced by cheap imports form other sources without harming the  Community industry.  In the light of these findings, the Commission has concluded that the Community industry has not suffered material injury, within the meaning of Article 4 (1) of Regulation (EEC) No 2423/88, as a consequence of imports of the product under consideration  from the People's Republic of China.  E. THREAT OF INJURY  (20) The Commission has considered the fact that, during most of the investigation period and in the preceding years anti-dumping measures were in force. Taking this fact into account, the Commission has examined whether a threat of  injury to the Community industry exists and whether material injury to the Community industry would be likely to occur should no measures be taken.  The Commission has no indication that production capacity in China has increased. Evolution of export sales since 1988 has shown that some of the market share lost by Chinese exporters has been gained by a number of Asian exporting countries. The  tendency in the market seems to indicate that, should this market share revert to the Chinese exporters, it would be to the detriment of the other Asian exporting countries and that the market share of the Community producers would not be significantly  affected. No other factors showing any threat of injury to the Community industry have been found.  (21) For these reasons, the Commission considers that, in the present situation, injury is not imminent and clearly foreseeable, and that the adoption of anti-dumping measures is therefore not justified.  In reaching this conclusion, the Commission has taken into account the fact that the Community industry has achieved a sufficiently healthy situation to allow it to withstand the impact or any likely increase in Chinese imports. Furthermore, if dumping  and injury were to recur in the near future the Community industry may again lodge a complaint and request the opening of a proceeding which the Commission would carry out expeditiously.  F. DUMPING  (22) In view of the conclusions reached by the Commission concerning the lack of injury or threat of injury, the Commission did not consider it necessary to further consider any dumping issues.  G. TERMINATION OF THE PROCEEDING  (23) Accordingly, the anti-dumping proceeding concerning imports of paint, distemper, varnish and similar brushes originating in the People's Republic of China should be terminated without protective measures being  imposed.  (24) No objections to this conclusion were raised in the Advisory Committee.  (25) The complainant and the other parties concerned were informed of the essential facts and principal considerations on the basis of which the Commission intended to terminate the proceeding and did not object,  HAS DECIDED AS FOLLOWS:  Sole Article  The anti-dumping proceeding concerns imports of paint, distemper, varnish and similar brushes originating in the People's Republic of China is hereby terminated.  Done at Brussels, 18 May 1993.  For the Commission Leon BRITTAN Member of the Commission (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No C 103, 30. 4. 1986, p. 2.  (3) OJ No L 79, 22. 3. 1989, p. 24.  (4) Case C-16/90, Noelle v. Hauptzollamt Bremen-Freihafen, [1991] ECR I-5163.  (5) OJ No C 24, 31. 1. 1992, p. 3.


Avis juridique important

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32000D0474

2000/474/EC: Council Decision of 17 July 2000 concerning the Community contribution to the International Fund 'Clearance of the Fairway of the Danube'

Official Journal L 187 , 26/07/2000 P. 0045 - 0046

Council Decisionof 17 July 2000concerning the Community contribution to the International Fund "Clearance of the Fairway of the Danube"(2000/474/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,Having regard to the proposal from the Commission,Having regard to the Opinion of the European Parliament(1),Whereas:(1) The debris of bridges over the Danube, destroyed during the Kosovo conflict, as well as the risk of unexploded ordnance, is blocking navigation between km 1235 and 1258 of the Danube river; the consequent interruption of navigation on the Danube has had serious economic and environmental consequences throughout the region, and in particular on all riparian States.(2) The Danube Commission, as an inter-governmental institutional established by the 1948 Belgrade Convention, is responsible for navigation on the Danube; Member States of the Danube Commission, at their extraordinary session in Budapest on 25 January 2000, adopted a project proposal "Clearance of the Fairway of the Danube" which the Danube Commission then preented to the Commission for consideration; this project proposal covers the restoration of a navigation channel by means of removal of debris and unexploded ordnance, followed by the restoration of the river bed of the Danube in the related area.(3) For the purpose of implementing this project, an "International Fund for the Clearance of the Fairway of the Danube" has been established in Vienna by the Danube Commission. The International Fund will be administered by the Danube Commission in accordance with the purpose of the Fund as stated in its Rules and in full compliance with the Community's relevant financial and procurement policies, as well as the sanctions regime applicable against the Federal Republic of Yugoslavia (FRY).(4) The Community agrees to make a contribution of up to 85 % of the total estimated cost of the project, to a maximum of EUR 22 million, the remainder to be met by the Danube Commission and its Member States.(5) The Community contribution will be paid into the International Fund. The Community contribution to the International Fund shall be administered by the Danube Commission in accordance with the principles of sound and efficient management.(6) The operations covered by this Decision fit into the framework of Community efforts to alleviate the consequences of the Kosovo conflict and are necessary to attain one of the objectives of the Community. The Treaty does not provide, for the action concerned, powers other than those laid down in Article 308,HAS DECIDED AS FOLLOWS:Article 11. The Community shall contribute to the International Fund to be established by the Danube Commission for the Clearance of the Fairway of the Danube, in accordance with the Rules of this Fund, an amount of up to a maximum of EUR 22 million, covering up to 85 % of the total estimated cost of the project, to be paid during 2000, for the implementation of the project "Clearance of the Fairway of the Danube".2. This contribution to the International Fund, to be made by means of an Exchange of Letters between the European Commission and the Danube Commission, shall be administered in accordance with the Financial Regulation(2) of 21 December 1977 applicable to the general budget of the European Communities, with particular regard for the principles of sound and efficient management.3. The Community contribution is subject to the condition that the Danube Commission, in managing the International Fund and implementing the project referred to in paragraph 1, fully complies with the Community's procurement rules and the Community's sanctions regime applicable against the FRY.4. The Procurement Policies and Rules shall provide for participation in invitations to tender and contracts, open on equal terms to all natural and legal persons in the EU Member States and in the beneficiary states of the Community's "OBNOVA" and "PHARE" Regulations as well as Moldova, Russia and Ukraine. Without prejudice to paragraph 5, the Legal Representative of the International Fund may, in exceptional circumstances, where the goods and services required cannot be produced in these states on economically favourable terms, allow, on a case by case basis, participation in invitations to tender by, and conclude contracts with, nationals and companies of third countries.5. The operation of the International Fund and the implementation of the project shall comply with the Communitys sanctions regime against the FRY, and in particular with the prohibition against making funds available to the Governments of the FRY and of the Republic of Serbia, as defined in Council Regulation (EC) No 1294/1999 of 15 June 1999 concerning a freeze of Funds and a ban on investment in relation to the Federal Republic of Yugoslavia (FRY)(3).Article 21. The Commission will forward all relevant information to the Court of Auditors and will request from the Danube Commission any supplementary information that the Court of Auditors may wish to receive as regards the financial operation of the International Fund.2. Insofar as Contribution by the Community are concerned, all financing Agreements or contracts concluded under the International Fund will provide for the Commission, OLAF, and the Court of Auditors to conduct on the spot checks according to the usual procedures laid down by the Commission under the rules in force, and in particular those of the Financial Regulation applicable to the general budget of the European Community.3. In addition, insofar as Contribution to the International Fund by the Community are concerned, the Commission may carry out on-the-spot checks and inspections in order to protect the Community financial interests against fraud and irregularities in conformity with Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities(4) and Council Regulation (Euratom, EC) No 2988/95 of 18 December 1995 on the protection of the European Communities Financial interests(5).Article 3The Commission shall submit an annual progress report on the implementation of the international fund to the European Parliament and the Council.Article 4This Decision shall take effect on the day of its publication.Done at Brussels, 17 July 2000.For the CouncilThe PresidentL. Fabius(1) Opinion delivered on 5.7.2000 (not yet published in the Official Journal).(2) OJ L 356, 31.12.1977, p. 1. Financial Regulation as last amended by Council Regulation (EC, ECSC, Euratom), No 2548/98 of 23 November 1998 (OJ L 320, 28.11,1998, p. 1).(3) OJ L 153, 19.6.1999, p. 63. Regulation as last amended by Commission Regulation (EC) No 1147/2000 (OJ L 129, 30.5.2000, p. 15).(4) OJ L 292, 15.11.1996, p. 2.(5) OJ L 312, 23.12.1995, p. 1 and Corrigendum (OJ L 36, 10.2.1998, p. 16).


title: 2007/279/EC: Decision of the European Central Bank of 17 April 2007 adopting implementing rules concerning data protection at the European Central Bank (ECB/2007/1)

text:
               4.5.2007

               EN

               Official Journal of the European Union

               L 116/64

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 17 April 2007
   adopting implementing rules concerning data protection at the European Central Bank
   (ECB/2007/1)
   (2007/279/EC)
   THE EXECUTIVE BOARD OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty establishing the European Community, and in particular Article 286 thereof,
   Having regard to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (1), and in particular Article 24(8) thereof,
   Whereas:

               (1)

               Regulation (EC) No 45/2001 lays down the data protection principles and rules applicable to all Community institutions and bodies and provides for a Data Protection Officer (DPO) to be appointed by each Community institution and body.

               (2)

               Pursuant to Article 24(8) of Regulation (EC) No 45/2001, each Community institution or body must adopt further implementing rules concerning the DPO in accordance with the provisions in the Annex to that Regulation,

         HAS DECIDED AS FOLLOWS:
   SECTION 1
   GENERAL PROVISIONS
   Article 1
   Subject matter and scope
   1.   This Decision lays down the general rules implementing Regulation (EC) No 45/2001 as regards the European Central Bank (ECB). In particular, it supplements the provisions in Regulation (EC) No 45/2001 relating to the DPO’s appointment and status, as well as to their tasks, duties and powers.
   2.   This Decision also clarifies the roles, tasks and duties of controllers and data protection coordinators and implements the rules pursuant to which data subjects may exercise their rights.
   Article 2
   Definitions
   For the purposes of this Decision, and without prejudice to the definitions in Regulation (EC) No 45/2001, the following definitions shall apply:

               (a)

               ‘controller’ means a manager responsible for an organisational unit that determines the purposes and means of the processing of personal data;

               (b)

               ‘data protection coordinator’ means a staff member who assists a controller in fulfilling the latter’s data protection obligations. This person shall be a specialist in record management.

         SECTION 2
   THE DATA PROTECTION OFFICER
   Article 3
   Appointment, status and organisational matters
   1.   The Executive Board shall:

               (a)

               appoint the DPO from amongst ECB staff who are sufficiently senior to meet the requirements of Article 24 of Regulation (EC) No 45/2001;

               (b)

               set a term of office for the DPO of between two and five years; and

               (c)

               register the DPO with the European Data Protection Supervisor (EDPS).

         2.   The Executive Board shall ensure that the DPO can carry out DPO tasks and duties in an independent manner. Without prejudice to such independence:

               (a)

               the DPO shall be subject to the ECB’s conditions of employment;

               (b)

               for administrative purposes the DPO shall be allocated to one of the ECB’s business areas; and

               (c)

               the DPO’s appraisers shall consult the EDPS before appraising the DPO’s performance of DPO tasks and duties.

         3.   The relevant controller shall ensure that the DPO is kept informed without delay:

               (a)

               when an issue arises that has, or might have, data protection implications; and

               (b)

               in respect of all contacts with external parties relating to the application of Regulation (EC) No 45/2001, notably any interaction with the EDPS.

         4.   The Executive Board may appoint a Deputy DPO, to whom paragraphs 1 and 2 shall apply. The Deputy DPO shall support the DPO in carrying out DPO tasks and duties and deputise in the event of the DPO’s absence.
   5.   Any staff providing support to the DPO in relation to data protection issues shall act solely on the DPO’s instructions.
   Article 4
   Data Protection Officer’s tasks and duties
   When carrying out the tasks specified in Article 24 of Regulation (EC) No 45/2001 and in the Annex to that Regulation, the DPO shall perform the following duties, taking into account input from relevant ECB business areas where necessary:

               (a)

               advise the Executive Board, the controllers and the data protection coordinators on matters concerning the application of data protection provisions at the ECB. The DPO may be consulted by the Executive Board, any of the controllers concerned, the Staff Committee or any individual on any matter concerning the interpretation or application of Regulation (EC) No 45/2001;

               (b)

               on the DPO’s own initiative or on the request of the Executive Board, a controller, the Staff Committee or any individual, investigate matters and occurrences directly relating to DPO tasks and duties that come to the DPO’s notice, and report back to the person who commissioned the investigation. The DPO shall consider issues and facts impartially and with due regard to the data subject’s rights. If the DPO deems it appropriate, the DPO shall inform all other parties concerned accordingly. If the requester is an individual, or if the requester acts on behalf of an individual, the DPO shall, to the extent possible, ensure that the request remains confidential, unless the data subject concerned gives their unambiguous consent to treat the request otherwise;

               (c)

               cooperate with the DPOs of other Community institutions and bodies, in particular by exchanging experience and sharing know-how and representing the ECB in all discussions — excluding court cases — relating to data protection issues; and

               (d)

               submit an annual work programme and an annual report on DPO activities to the Executive Board and the EDPS.

         Article 5
   Data Protection Officer’s powers
   The DPO may:

               (a)

               request an opinion from any ECB business area on any matter relating to DPO tasks and duties;

               (b)

               issue an opinion on the lawfulness of actual or proposed processing operations or on any issue concerning the notification of processing operations;

               (c)

               bring to the Executive Board’s attention any failure of a staff member to comply with Regulation (EC) No 45/2001; and

               (d)

               carry out the other tasks specified in the Annex to Regulation (EC) No 45/2001.

         SECTION 3
   CONTROLLERS AND DATA PROTECTION COORDINATORS
   Article 6
   Tasks and duties of controllers and data protection coordinators
   1.   The controllers shall ensure that all processing operations involving personal data that are performed within their area of responsibility comply with Regulation (EC) No 45/2001.
   2.   When fulfilling their obligation to assist the DPO and the EDPS in the performance of their duties, the controllers shall provide full information to them, grant access to personal data and respond to questions within 20 working days of receipt of the request.
   3.   Without prejudice to the controllers’ responsibilities:

               (a)

               The data protection coordinators shall assist the controllers in fulfilling their obligations, either at the controllers’ request or on their own initiative. When doing so, the data protection coordinators shall liaise with the controllers’ staff, who shall provide them with all necessary information. This may, at the relevant controller’s discretion, include accessing personal data processed under that controller’s responsibility.

               (b)

               The data protection coordinators shall assist the DPO in:

                           (i)

                           identifying the relevant controllers of processing operations relating to personal data;

                           (ii)

                           promulgating the DPO’s advice and supporting the controllers under the DPO’s guidance;

                           (iii)

                           other aspects of the DPO’s work programme as agreed between the DPO and the coordinators’ management.

         Article 7
   Notification procedure
   1.   Before introducing new processing operations relating to personal data, the relevant controller shall notify the DPO thereof using the on-line interface accessible through the DPO website on the ECB’s intranet. Any processing operation that is subject to prior checking pursuant to Article 27(3) of Regulation (EC) No 45/2001 shall be notified sufficiently well in advance of introduction to allow for prior checking by the EDPS.
   2.   The controllers shall immediately inform the DPO of any change affecting the information contained in a notification already submitted to the DPO.
   SECTION 4
   DATA SUBJECTS’ RIGHTS
   Article 8
   Register
   The register kept by the DPO pursuant to Article 26 of Regulation (EC) No 45/2001 shall serve as an index of all processing operations relating to personal data conducted at the ECB. Data subjects may make use of the information contained in the register to exercise their rights under Articles 13 to 19 of Regulation (EC) No 45/2001.
   Article 9
   Exercise of data subjects’ rights
   1.   Further to their right to be appropriately informed about any processing of their personal data, data subjects may approach the relevant controller to exercise their rights pursuant to Articles 13 to 19 of Regulation (EC) No 45/2001, as specified below.

               (a)

               These rights may only be exercised by the data subject or their duly authorised representative. Such persons may exercise any of these rights free of charge.

               (b)

               Requests to exercise these rights shall be addressed in writing to the relevant controller. The controller shall only grant the request if the requester’s identity and, if relevant, their entitlement to represent the data subject have been appropriately verified. The controller shall without delay inform the data subject in writing of whether or not the request has been accepted. If the request has been rejected, the controller shall include the grounds for the rejection.

               (c)

               The controller shall, at any time within three calendar months of receipt of the request, grant access pursuant to Article 13 of Regulation (EC) No 45/2001 by enabling the data subject to consult these data on-site or to receive a copy thereof, according to the applicant’s preference.

               (d)

               Data subjects may contact the DPO in the event that the controller does not respect either of the time limits in paragraphs (b) or (c). In the event of obvious abuse by a data subject in exercising their rights, the controller may refer the data subject to the DPO. If the case is referred to the DPO, the DPO will decide on the merits of the request and the appropriate follow-up. In the event of disagreement between the data subject and the controller, both parties shall have the right to consult the DPO.

         2.   ECB staff members may consult the DPO before lodging a complaint with the EDPS pursuant to Article 33 of Regulation (EC) No 45/2001.
   Article 10
   Exemptions and restrictions
   1.   Provided that the DPO has been consulted in advance, the controller may restrict the rights referred to in Articles 13 to 17 of Regulation (EC) No 45/2001 on the grounds, and in accordance with the conditions, set out in Article 20 of Regulation (EC) No 45/2001.
   2.   Any affected person may ask the EDPS to apply Article 47(1)(c) of Regulation (EC) No 45/2001.
   Article 11
   Investigation procedure
   1.   Any request for an investigation under Article 4(b) shall be addressed to the DPO in writing.
   2.   The DPO shall send an acknowledgement of receipt to the requester within 20 working days of receipt of the request.
   3.   The DPO may investigate the matter on-site and request a written statement from the controller. The controller shall provide their response to the DPO within 20 working days of the controller’s receipt of the DPO’s request. The DPO may ask for additional information or assistance from any ECB business area. The business area shall provide such additional information or assistance within 20 working days of the DPO’s request.
   4.   The DPO shall report back to the requester within three calendar months of receipt of the request.
   Article 12
   Remedies
   In addition to the remedies laid down in Article 32 of Regulation (EC) No 45/2001, which are available to all data subjects, the remedies laid down in the ECB’s Conditions of Employment shall be available to data subjects who are ECB staff members.
   SECTION 5
   ENTRY INTO FORCE
   Article 13
   Final provision
   This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

      Done at Frankfurt am Main, 17 April 2007.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 8, 12.1.2001, p. 1.