title: 2008/505/EC: Decision of the European Parliament of 24 April 2007 on the discharge for implementation of the European Union general budget for the financial year 2005, Section VIIIA - European Ombudsman

text:
               15.7.2008

               EN

               Official Journal of the European Union

               L 187/71

         DECISION OF THE EUROPEAN PARLIAMENT
   of 24 April 2007
   on the discharge for implementation of the European Union general budget for the financial year 2005, Section VIIIA — European Ombudsman
   (2008/505/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2005 (1),
   having regard to the final annual accounts of the European Communities for the financial year 2005 — Volume I (C6-0471/2006) (2),
   having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2005 and the Court of Auditors' special reports, together with the audited institutions' replies (3),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (4),
   having regard to Articles 272(10), 274, 275 and 276 of the EC Treaty,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A6-0104/2007),

               1.

               Grants the European Ombudsman discharge for implementation of the budget for the financial year 2005;

               2.

               Sets out its observations in the Resolution below;

               3.

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

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ L 60, 8.3.2005.

      (2)  OJ C 264, 31.10.2006, p. 1.

      (3)  OJ C 263, 31.10.2006, p. 1.

      (4)  OJ C 263, 31.10.2006, p. 10.

      (5)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).
    ---documentbreak---

               15.7.2008

               EN

               Official Journal of the European Union

               L 187/72

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 24 April 2007
   with observations forming an integral part of the Decision on the discharge for the implementation of the European Union general budget for the financial year 2005, Section VIIIA — European Ombudsman
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2005 (1),
   having regard to the final annual accounts of the European Communities for the financial year 2005 — Volume I (C6-0471/2006) (2),
   having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2005 and the Court of Auditors' special reports, together with audited institutions' replies (3),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (4),
   having regard to Articles 272(10), 274, 275 and 276 of the EC Treaty,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A6-0104/2007),

               1.

               Notes that in 2005 the European Ombudsman (the Ombudsman) had available commitment appropriations amounting to a total of EUR 7 224 554 (2004: EUR 5 782 968) with a utilisation rate of 84,27 %;

               2.

               Notes that the Ombudsman's 2005 financial statements disclose a negative economic out-turn for the year (EUR 98 482) and identical totals of assets and liabilities (EUR 890 853);

               3.

               Points out that the Court of Auditors in its Annual Report on the 2005 financial year indicates that the audit did not give rise to any observations as regards the Ombudsman;

               4.

               Notes that according to the Internal Auditor's report to the Institution No 6/81: i) the internal auditor's work in 2005 did not reveal any areas of significant risk to the Ombudsman's budgetary operations; and ii) the Institution's internal management and control systems are effective and provide reasonable assurance of attaining the control objectives on a consistent basis;

               5.

               Notes the information given by the Principal Authorising Officer by Delegation in his activity statement that a self-assessment of the efficiency of the internal control framework of the Ombudsman's services was carried out in early 2006 and that the global picture resulting from this exercise was that of an overall satisfactory level of implementation of the internal control standards (76 %); also notes however that improvements in effectiveness were needed in some areas (risk assessment, sensitive functions, multi-annual programming);

               6.

               Recalls that since 2004 the Ombudsman has had autonomy and full control over the financial transactions relating to his section of the budget;

               7.

               Notes that a new framework cooperation agreement of indefinite duration between the Ombudsman and the European Parliament concerning the provision of certain administrative services, including translation and office premises, was negotiated during 2005 and signed in March 2006;

               8.

               Records that the Ombudsman's annual caseload has increased from roughly 800 in 1996 to nearly 4 000 in 2005, according to the Ombudsman's Annual Report for 2005, with a particularly sharp rise between 2003 and 2004 (53 %);

               9.

               Remarks that during 2005 the Ombudsman's Office experienced the full budgetary impact of the 2004 enlargement and that in the years 2004 and 2005 the budgetary authority authorised the Ombudsman to add to his establishment plan 20 new posts, which were added to the 31 that existed in 2003 (a 65 % increase in staff), while at the same time the level of appropriations authorised in the budget rose from EUR 4 438 653 in 2003 to EUR 7 312 614 in 2005 (also a 65 % increase);

               10.

               Notes from the Ombudsman's Annual Report that in 2005 he continued his information visits to the Member States with a view to improving citizens' awareness about their rights, raising the profile of the Ombudsman's work among key members of the judicial, legislative and executive branches and enriching his collaboration with his national counterparts; stresses the importance of that information campaign;

               11.

               Notes further that in 2005 the Ombudsman and his staff pursued their efforts to present the work of the Institution, making 120 presentations at conferences, seminars and meetings during 2005, together with 50 interviews with journalists;

               12.

               Notes that according to his replies to the rapporteur's questionnaire the Ombudsman seeks to target information to those countries where the level of complaints received is lower than might be expected given the size of the population, for example, Germany and Italy and that the Ombudsman's media strategy is therefore to raise the Ombudsman's profile in such Member States; considers that in order to identify target countries, the Ombudsman should rely on surveys on the awareness of the citizens about his work in the various Member States rather than the number of complaints;

               13.

               Points to the remark in the Ombudsman's activity statement that the year 2005 was an exceptional year for the Ombudsman from a communications perspective in that in addition to the Institution's usual activities in giving information on its work it also organised an extensive series of events to mark the 10th anniversary of the Ombudsman; moreover, the Institution's communications capacity was significantly expanded through the recruitment of personnel to fill three new specialist communications posts and the assignment to the newly-created communications sector of a further member of staff from within the existing personnel;

               14.

               Recalls that the Ombudsman's Statute laid down by the European Parliament in 1994 imposes no obligation on the Ombudsman to publish his financial and economic interests;

               15.

               Notes that the Statute places the Ombudsman on a footing comparable with that of a Judge of the European Court of Justice (ECJ); points out that the ECJ — on the European Parliament's suggestion — has set up a working group to examine the most appropriate way of ensuring transparency with regard to the judges' financial interests; asks that pending the outcome of the inquiry the Ombudsman should follow the example set by the European Data Protection Supervisor and his deputy in publishing a declaration of financial interests based on the form used for the Register of Financial Interests of Members of the European Parliament.

      (1)  OJ L 60, 8.3.2005.

      (2)  OJ C 264, 31.10.2006, p. 1.

      (3)  OJ C 263, 31.10.2006, p. 1.

      (4)  OJ C 263, 31.10.2006, p. 10.

      (5)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).


title: 2011/154/EU: Commission Decision of 9 March 2011 terminating the anti-dumping proceeding concerning imports of certain stainless steel bars originating in India

text:
               10.3.2011

               EN

               Official Journal of the European Union

               L 63/21

         COMMISSION DECISION
   of 9 March 2011
   terminating the anti-dumping proceeding concerning imports of certain stainless steel bars originating in India
   (2011/154/EU)
   THE EUROPEAN COMMISSION
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (the ‘basic Regulation’), and in particular Article 9 thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   PROCEDURE

               (1)

               On 15 February 2010, the European Commission (‘Commission’) received a complaint concerning the alleged injurious dumping of certain stainless steel bars originating in India.

               (2)

               The complaint was lodged by the European Federation of Iron and Steel Industries (‘Eurofer’) on behalf of producers representing a major proportion, in this case more than 25 % of total Union production of certain stainless steel bars pursuant to Articles 4(1) and 5(4) of the basic Regulation.

               (3)

               The complaint contained prima facie evidence of the existence of dumping, and of material injury resulting therefrom, which was considered sufficient to justify the initiation of an anti-dumping proceeding.

               (4)

               The Commission, after consultation of the Advisory Committee, by a notice published in the Official Journal of the European Union
                   (2), accordingly initiated an anti-dumping proceeding concerning imports into the Union of certain stainless steel bars originating in India, currently falling within CN codes 7222 20 21, 7222 20 29, 7222 20 31, 7222 20 39, 7222 20 81 and 7222 20 89.

               (5)

               On the same day, the Commission initiated an anti-subsidy proceeding concerning imports into the Union of certain stainless steel bars originating in India (3).

               (6)

               The Commission sent questionnaires to the Union industry and to any known association of producers in the Union, to the exporters/producers in the country concerned, to any association of exporters/producers, to the importers, to any known association of importers, and to the authorities of the country concerned. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation.

         B.   WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING

               (7)

               By its letter of 23 November 2010 to the Commission, Eurofer formally withdrew its complaint regarding the anti-dumping proceeding.

               (8)

               In accordance with Article 9(1) of the basic Regulation, the proceeding may be terminated where the complaint is withdrawn, unless such termination would not be in the Union interest.

               (9)

               The Commission considered that the present proceeding should be terminated since the investigation had not brought to light any considerations showing that such termination would not be in the Union interest. Interested parties were informed accordingly and were given the opportunity to comment. No comments were received indicating that such termination would not be in the Union interest.

               (10)

               The Commission therefore concludes that the anti-dumping proceeding concerning imports into the Union of certain stainless steel bars originating in India should be terminated,

         HAS ADOPTED THIS DECISION:
   Article 1
   The anti-dumping proceeding concerning imports of certain stainless steel bars originating in India, currently falling within CN codes 7222 20 21, 7222 20 29, 7222 20 31, 7222 20 39, 7222 20 81 and 7222 20 89, is hereby terminated.
   Article 2
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 9 March 2011.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ C 87 A, 1.4.2010, p. 1.

      (3)  OJ C 87, 1.4.2010, p. 17.


title: Council Decision of 7 February 1978 appointing a member of the Consultative Committee of the European Coal and Steel Community

text:
No L 45/ 22                      Official Journal of the European Communities                             16 . 2 . 78
                                                         II
                                    (Acts whose publication is not obligatory)
                                                COUNCIL
                                             COUNCIL DECISION
                                               of 7 February 1978
              appointing a member of the Consultative Committee of the European Coal and
                                                Steel Community
                                                  (78/ 148 / ECSC)
THE COUNCIL OF THE EUROPEAN                                    Having regard to the nomination submitted by the
COMMUNITIES ,                                                  United Kingdom Government on 20 January 1978,
Having regard to the Treaty establishing the European
Coal and Steel Community, and in particular Article            HAS DECIDED AS FOLLOWS :
1 8 thereof,
                                                                                Sole Article
Having regard to the Council Decision of 1 June
1976 and 10 July 1976 designating the representative           Mr D. A. Davis is hereby appointed a member of the
organizations responsible for drawing up lists of              Consultative Committee of the European Coal and
candidates   for the Consultative  Committee of the
                                                               Steel Community in place of Mr Clark for the
European Coal and Steel Community,                             remainder of the latter's term of office, which runs
Having regard to the Council Decision of 10 July               until 9 July 1978 .
1976 appointing the members of the Consultative
Committee of the European Coal and Steel Commu
nity for the period ending 9 July 1978 ,                       Done at Brussels, 7 February 1978 .
Whereas the Council was informed on 1 December
1977 that a seat on the above Committee in the                                            For the Council
consumers and dealers representatives category has                                         The President
become vacant as a result of the resignation of Mr
Clark ;                                                                                K. B. ANDERSEN


title: 2006/889/EC: Decision of the European Central Bank of 24 November 2006 on the approval of the volume of coin issuance in 2007 (ECB/2006/19)

text:
               11.12.2006

               EN

               Official Journal of the European Union

               L 348/52

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 24 November 2006
   on the approval of the volume of coin issuance in 2007
   (ECB/2006/19)
   (2006/889/EC)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty establishing the European Community, and in particular to Article 106(2) thereof,
   Whereas:

               (1)

               The European Central Bank (ECB) has the exclusive right from 1 January 1999 to approve the volume of coins issued by the Member States that have adopted the euro (hereinafter the ‘participating Member States’).

               (2)

               Pursuant to Article 1 of Council Decision 2006/495/EC of 11 July 2006 in accordance with Article 122(2) of the Treaty on the adoption by Slovenia of the single currency on 1 January 2007 (1), the derogation in favour of Slovenia referred to in Article 4 of the 2003 Act of Accession (2) is abrogated with effect from 1 January 2007.

               (3)

               The twelve current participating Member States and Slovenia have submitted to the ECB for approval their estimates of the volume of euro coins to be issued in 2007, supplemented by explanatory notes on the forecasting methodology,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Approval of the volume of euro coins to be issued in 2007
   The ECB hereby approves the volume of euro coins to be issued by the participating Member States in 2007 as described in the following table:

               (EUR million)

               Issuance of coins intended for circulation and issuance of collector coins (not intended for circulation) in 2007

               Belgium

               117,5

               Germany

               635,0

               Greece

               76,9

               Spain

               480,0

               France

               362,0

               Ireland

               81,0

               Italy

               366,9

               Luxembourg

               45,0

               Netherlands

               71,2

               Austria

               166,0

               Portugal

               110,0

               Slovenia

               104,7

               Finland

               60,0

         Article 2
   Final provision
   This Decision is addressed to the participating Member States.

      Done at Frankfurt am Main, 24 November 2006.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 195, 15.7.2006, p. 25.

      (2)  OJ L 236, 23.9.2003, p. 33.


title: 2009/482/EC: Council Decision of 6 April 2009 on the signing and provisional application of the Agreement between the European Community and the Republic of Seychelles on the short-stay visa waiver

text:
               30.6.2009

               EN

               Official Journal of the European Union

               L 169/30

         COUNCIL DECISION
   of 6 April 2009
   on the signing and provisional application of the Agreement between the European Community and the Republic of Seychelles on the short-stay visa waiver
   (2009/482/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular point (2)(b)(i) of Article 62, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Council Regulation (EC) No 1932/2006 (1) amended Regulation (EC) No 539/2001 (2) listing the third countries whose nationals must be in possession of visas when crossing the external borders of the European Union (negative list), and those whose nationals are exempt from that requirement (positive list) by, inter alia, transferring the Republic of Seychelles (hereinafter referred to as Seychelles) from the negative to the positive list. Furthermore, Regulation (EC) No 1932/2006 provides that the exemption is to be applied only from the date of entry into force of an agreement on visa exemption to be concluded between the European Community and Seychelles.

               (2)

               By decision of 5 June 2008, the Council authorised the Commission to negotiate an agreement between the European Community and Seychelles on the short-stay visa waiver.

               (3)

               Negotiations on the agreement were opened on 9 July 2008 and concluded on 16 October 2008.

               (4)

               The Agreement initialled in Brussels on 12 November 2008, should be signed and the attached declarations approved. The Agreement should be applied on a provisional basis, pending the completion of the procedures for its formal conclusion.

               (5)

               In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, and without prejudice to Article 4 of the said Protocol, these Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and the Republic of Seychelles on the short-stay visa waiver (hereinafter referred to as the Agreement) is hereby approved on behalf of the Community, subject to its conclusion.
   The text of the Agreement is attached to this Decision.
   Article 2
   The Declarations attached to this Decision shall be approved on behalf of the Community.
   Article 3
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community, subject to its conclusion.
   Article 4
   The Agreement shall be applied on a provisional basis as from the date of signature thereof (3), pending the completion of the procedures for its formal conclusion.

      Done at Luxembourg, 6 April 2009.

            For the Council

            The President

         J. POSPÍŠIL

      (1)  OJ L 405, 30.12.2006, p. 23.

      (2)  OJ L 81, 21.3.2001, p. 1.

      (3)  The date of signature of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
   JOINT DECLARATION WITH REGARD TO ICELAND, NORWAY, SWITZERLAND AND LIECHTENSTEIN
   The Contracting Parties take note of the close relationship between the European Community and Norway, Iceland, Switzerland and Liechtenstein, particularly by virtue of the Agreements of 18 May 1999 and 26 October 2004 concerning the association of these countries with the implementation, application and development of the Schengen acquis.
   In such circumstances it is desirable that the authorities of Norway, Iceland, Switzerland, Liechtenstein, on the one hand, and Seychelles, on the other hand, conclude, without delay, bilateral agreements on the short-stay visa waiver in similar terms as this Agreement.
   JOINT DECLARATION ON THE INTERPRETATION OF THE CATEGORY OF PERSONS TRAVELLING FOR THE PURPOSE OF CARRYING OUT A PAID ACTIVITY AS PROVIDED IN ARTICLE 3(2) OF THIS AGREEMENT
   Desiring to ensure a common interpretation, the Contracting Parties agree that, for the purpose of this Agreement, the category of persons carrying out a paid activity covers persons entering for the purpose of carrying out a gainful occupation/remunerated activity in the territory of the other Contracting Party as an employee or as a service provider.
   This category should not cover:

               —

               business persons, i.e. persons travelling for the purpose of business deliberation (without being employed in the country of the other Contracting Party),

               —

               sports persons and artists performing an activity on an ad-hoc basis,

               —

               journalists sent by the media of their country of residence, and

               —

               intra-corporate trainees.

         The implementation of this Declaration shall be monitored by the Joint Committee within its responsibility under Article 6 of this Agreement, which may propose modifications when, on the basis of the experiences of the Contracting Parties, it considers it necessary.
   JOINT DECLARATION ON THE INTERPRETATION OF THE PERIOD OF THREE MONTHS DURING A SIX MONTHS PERIOD FOLLOWING THE DATE OF FIRST ENTRY AS SET OUT IN ARTICLE 4 OF THIS AGREEMENT
   The Contracting Parties agree that the maximum period of three months during a six months period following the date of first entry into the territory of Seychelles or the Schengen area as provided by Article 4 of this Agreement means either a continuous visit or several consecutive visits, the duration of which does not exceed three months in any six months period in total.
   JOINT DECLARATION ON THE INFORMATION OF THE CITIZENS ABOUT THE VISA WAIVER AGREEMENT
   Recognising the importance of transparency for the citizens of the European Union and Seychelles, the Contracting Parties agree to ensure full dissemination of information about the content and consequences of the visa waiver agreement and related issues, such as the entry conditions.
    ---documentbreak---

               30.6.2009

               EN

               Official Journal of the European Union

               L 169/31

         AGREEMENT
   between the European Community and the Republic of Seychelles on the short-stay visa waiver
   THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’, and
   THE REPUBLIC OF SEYCHELLES, hereinafter referred to as ‘Seychelles’,
   hereinafter referred to jointly as ‘the Contracting Parties’;
   WITH A VIEW TO further developing friendly relations between the Contracting Parties and desiring to facilitate travel by ensuring visa-free entry and short stay for their citizens,
   HAVING REGARD TO Council Regulation (EC) No 1932/2006 of 21 December 2006, amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (1) by, inter alia, transferring six third countries, including Seychelles to the list of third countries whose nationals are exempt from the visa requirement for short stays in the Member States of the European Union (EU),
   BEARING IN MIND that Article 2 of Regulation (EC) No 1932/2006 states that for these six countries, the exemption from the visa requirement is to be applied only from the date of entry into force of an agreement on visa exemptions which is to be concluded by the European Community with the country in question,
   RECOGNISING that the citizens of all Member States are exempted from the visa requirement when travelling to Seychelles for a period of up to one month, which can be extended for a period up to three months,
   DESIRING to safeguard the principle of equal treatment of all EU citizens,
   TAKING INTO ACCOUNT that persons travelling for the purpose of carrying out a paid activity during their short stay are not covered by this Agreement and therefore for this category the relevant rules of Community law and national law of the Member States and the national law of Seychelles on the visa obligation or exemption and on the access to employment continue to apply,
   TAKING INTO ACCOUNT the Protocol on the position of the United Kingdom and Ireland and the Protocol integrating the Schengen acquis into the framework of the European Union, annexed to the Treaty on European Union and the Treaty establishing the European Community and confirming that the provisions of this agreement do not apply to the United Kingdom and Ireland,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Purpose
   This Agreement provides for visa-free travel for the citizens of the European Union and for the citizens of Seychelles when travelling to the territory of the other Contracting Party for a maximum period of three months during a six months period.
   Article 2
   Definitions
   For the purpose of this Agreement:

               (a)

               ‘Member State’ shall mean any Member State of the European Union, with the exception of the United Kingdom and Ireland;

               (b)

               ‘a citizen of the European Union’ shall mean a national of a Member State as defined in point (a);

               (c)

               ‘a citizen of Seychelles’ shall mean any person who holds the citizenship of Seychelles;

               (d)

               ‘Schengen area’ shall mean the area without internal borders comprising the territories of the Member States as defined in point (a) applying the Schengen acquis in full.

         Article 3
   Scope of application
   1.   The citizens of the European Union holding a valid ordinary, diplomatic or service/official passport issued by a Member State may enter and stay without a visa in the territory of Seychelles for the period of stay as defined in Article 4(1).
   The citizens of Seychelles holding a valid ordinary, diplomatic or service/official passport issued by Seychelles may enter and stay without a visa in the territory of the Member States for the period of stay as defined in Article 4(2).
   2.   Paragraph 1 does not apply to persons travelling for the purpose of carrying out a paid activity.
   For this category of persons, each Member State individually may decide to impose the visa requirement on the citizens of Seychelles or to withdraw it according to Article 4(3) of Regulation (EC) No 539/2001.
   For this category of persons, Seychelles may decide on the visa requirement or the visa waiver for the citizens of each Member State individually in accordance with its national law.
   3.   The visa waiver provided by this Agreement shall apply without prejudice to the laws of the Contracting Parties relating to the conditions of entry and short stay. The Member States and Seychelles reserve the right to refuse entry into and short stay in their territories if one or more of these conditions are not met.
   4.   The visa waiver applies regardless of the mode of transport used to cross the borders of the Contracting Parties.
   5.   Issues not covered by this Agreement shall be governed by Community law, national law of the Member States or by national law of Seychelles.
   Article 4
   Duration of stay
   1.   The citizens of the European Union may stay in the territory of Seychelles for a maximum period of three months during a six months period following the date of first entry into the territory of the country.
   2.   The citizens of Seychelles may stay in the Schengen area for a maximum period of three months during a six months period following the date of first entry into the territory of any Member State fully applying the Schengen acquis. This period of three months during a period of six months shall be calculated independently of any stay in a Member State which does not yet apply the Schengen acquis in full.
   The citizens of Seychelles may stay for a maximum period of three months during a six months period following the date of first entry in the territory of each of the Member States that do not yet apply the Schengen acquis in full, independently of the period of stay calculated for the Schengen area.
   3.   This Agreement does not affect the possibility for Seychelles and the Member States to extend the period of stay beyond three months in accordance with national law and Community law.
   Article 5
   Territorial application
   1.   As regards the French Republic, the provisions of this Agreement shall apply only to the European territory of the French Republic.
   2.   As regards the Kingdom of the Netherlands, the provisions of this Agreement shall apply only to the European territory of the Kingdom of the Netherlands.
   Article 6
   Joint Committee for the management of the Agreement
   1.   The Contracting Parties shall set up a Joint Committee of experts (hereinafter referred to as the Committee), composed of representatives of the European Community and representatives of Seychelles. The Community shall be represented by the European Commission.
   2.   The Committee shall have, inter alia, the following tasks:

               (a)

               monitoring the implementation of this Agreement;

               (b)

               suggesting amendments or additions to this Agreement;

               (c)

               settling disputes arising from the interpretation or application of the provisions of this Agreement.

         3.   The Committee shall be convened whenever necessary at the request of one of the Contracting Parties.
   4.   The Committee shall establish its rules of procedure.
   Article 7
   Relation between this Agreement and existing bilateral visa waiver agreements between the Member States and Seychelles
   This Agreement shall take precedence over the provisions of any bilateral agreements or arrangements concluded between individual Member States and Seychelles, in so far as their provisions cover issues falling within the scope of this Agreement.
   Article 8
   Final provisions
   1.   This Agreement shall be ratified or approved by the Contracting Parties in accordance with their respective internal procedures and shall enter into force on the first day of the second month following the date on which the Contracting Parties notify each other that the procedures referred to above have been completed.
   2.   This Agreement is concluded for an indefinite period of time, unless terminated in accordance with paragraph 5.
   3.   This Agreement may be amended by written agreement of the Contracting Parties. Amendments shall enter into force after the Contracting Parties have notified each other of the completion of their internal procedures necessary for this purpose.
   4.   Each Contracting Party may suspend in whole or in part this Agreement, in particular, for reasons of public policy, protection of national security or protection of public health, illegal immigration or the reintroduction of the visa requirement by either Contracting Party. The decision on suspension shall be notified to the other Contracting Party not later than 2 months before its entry into force. The Contracting Party that has suspended the application of this Agreement shall immediately inform the other Contracting Party once the reasons for suspension no longer exist.
   5.   Each Contracting Party may terminate this Agreement by giving written notice to the other Party. This Agreement shall cease to be in force 90 days after the date of such notification.
   6.   Seychelles may suspend or terminate this Agreement only in respect of all the Member States.
   7.   The Community may suspend or terminate this Agreement only in respect of all of its Member States.

      Done at Brussels, in duplicate, on 28 May 2009 in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic.

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

         За Република Сейшели
         Por la República de Seychelles
         Za Seychelskou republiku
         For Republikken Seychellerne
         Für die Republik Seychellen
         Seišelli Vabariigi nimel
         Για τη Δημοκρατία των Σεϋχελλών
         For the Republic of Seychelles
         Pour la République des Seychelles
         Per la Repubblica delle Seychelles
         Seišela Salu Republikas vārdā
         Seišelių Respublikos vardu
         A Seychelle Köztársaság részéről
         Għar-Repubblika tas-Seychelles
         Voor de Republiek der Seychellen
         W imieniu Republiki Seszeli
         Pela República das Seicheles
         Pentru Republica Seychelles
         Za Seychelskú republiku
         Za Republiko Sejšeli
         Seychellien tasavallan puolesta
         För Republiken Seychellernas

      (1)  OJ L 405, 30.12.2006, p. 23.


Avis juridique important

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32002D0648

Council Decision of 25 June 2002 concerning the conclusion of the Agreement for scientific and technological cooperation between the European Community and the Government of the Republic of India (2002/648/EC)

Official Journal L 213 , 09/08/2002 P. 0029 - 0029

Council Decisionof 25 June 2002concerning the conclusion of the Agreement for scientific and technological cooperation between the European Community and the Government of the Republic of India(2002/648/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 170, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) A Cooperation Agreement between the European Economic Community and the Republic of India on Partnership and Development was signed on 20 December 1993(3).(2) The European Community and the Republic of India are pursuing specific RTD programmes in areas of common interest.(3) On the basis of past experience, both sides have expressed a desire to establish a deeper and broader framework for the conduct of collaboration in science and technology.(4) This cooperation agreement in the field of science and technology forms part of the global cooperation between the European Community and the Republic of India.(5) By its Decision of 12 February 2001, the Council authorised the Commission to negotiate an agreement for scientific and technological cooperation between the European Community and the Republic of India.(6) By its Decision of 15 November 2001, the Council decided that the Agreement be signed on behalf of the European Community.(7) The Agreement was signed on 23 November 2001.(8) The Agreement should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement for scientific and technological cooperation between the European Community and the Government of the Republic of India is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2Pursuant to Article 11 of the Agreement, the President of the Council shall notify the Republic of India that the procedures necessary for the entry into force of the Agreement have been completed on the part of the European Community.Done at Luxembourg, 25 June 2002.For the CouncilThe PresidentJ. Matas I Palou(1) OJ C 304 E, 30.10.2001, p. 241.(2) Opinion delivered on 14 May 2002 (not yet published in the Official Journal).(3) OJ L 223, 27.8.1994, p. 23.


Avis juridique important

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32003D0507

2003/507/EC: Council Decision of 13 June 2003 on the accession of the European Community, to the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution to Abate Acidification, Eutrophication and Ground-Level Ozone

Official Journal L 179 , 17/07/2003 P. 0001 - 0002

Council Decisionof 13 June 2003on the accession of the European Community, to the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution to Abate Acidification, Eutrophication and Ground-Level Ozone(2003/507/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 175 paragraph 1, in conjunction with Article 300 paragraph 2, first sentence of the first subparagraph and paragraph 3, first subparagraph thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) Acidification, eutrophication and ground-level ozone cause unacceptable damage to the environment and human health within the Community.(2) On 30 November 1999 the Executive Body to the Convention on Long-range Transboundary Air Pollution adopted the Protocol to Abate Acidification, Eutrophication and Ground-level Ozone (Gothenburg Protocol); the Gothenburg Protocol sets maximum permitted levels of emissions (emission ceilings) for each national Party for the four main precursor pollutants responsible for acidification, eutrophication and ground-level ozone: sulphur dioxyde, oxides of nitrogen, volatile organic compounds and ammonia; these ceilings are to be met by 2010.(3) Implementation of the Gothenburg Protocol will contribute to achieving Community goals for protection of the environment and human health.(4) Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants(3) sets binding national emission ceilings, to be met by 2010 at the latest,which are equal to or more ambitious than those required by the Gothenburg Protocol for each Member State.(5) Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants(4) sets new limit values for emissions from this sector, which are consistent with those set under the Gothenburg Protocol.(6) The Community, in consequence, should accede to the Gothenburg Protocol,HAS DECIDED AS FOLLOWS:Article 1The accession of the Community to the Protocol to the 1979 Convention on Long-range Transboundary Air Pollution to Abate Acidification, Eutrophication and Ground-level Ozone is hereby approved on behalf of the Community.The text of the Protocol is contained in the Annex to this Decision.Article 2The President of the Council is hereby authorised to designate the person(s) empowered to deposit the instrument of accession with the Secretary General of the United Nations, in accordance with Article 16 of the Protocol.Article 3This Decision shall be published in the Official Journal of the European Union.Done at Luxembourg, 13 June 2003.For the CouncilG. PapandreouThe President(1) OJ C 151 E, 25.6.2002, p. 74.(2) Opinion of 4 July 2002 (not yet published in the Official Journal).(3) OJ L 309, 27.11.2001, p. 22.(4) OJ L 309, 27.11.2001, p. 1.


title: 2014/707/CFSP: Political and Security Committee Decision EULEX KOSOVO/2/2014 of 9 October 2014 on the appointment of the Head of Mission of the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO

text:
               11.10.2014

               EN

               Official Journal of the European Union

               L 295/59

         POLITICAL AND SECURITY COMMITTEE DECISION EULEX KOSOVO/2/2014
   of 9 October 2014
   on the appointment of the Head of Mission of the European Union Rule of Law Mission in Kosovo (1), EULEX KOSOVO

      (2014/707/CFSP)

   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to the Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (2), and in particular Article 12(2) thereof,
   Whereas:

               (1)

               Pursuant to Article 12(2) of Joint Action 2008/124/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO), including the decision to appoint a Head of Mission.

               (2)

               On 17 June 2014, the PSC adopted Decision EULEX KOSOVO/1/2014 (3) extending the mandate of the Head of Mission of EULEX KOSOVO until 14 October 2014.

               (3)

               On 12 June 2014, the Council adopted decision 2014/349/CFSP (4) amending Joint Action 2008/124/CFSP and extending the duration of EULEX KOSOVO until 14 June 2016.

               (4)

               On 25 September 2014, the High Representative of the Union for Foreign Affairs and Security Policy proposed the appointment of Ambassador Gabriele MEUCCI as Head of Mission of EULEX KOSOVO for the period from 15 October 2014 to 14 June 2015,

         HAS ADOPTED THIS DECISION:
   Article 1
   Ambassador Gabriele MEUCCI is hereby appointed as Head of Mission of the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO) for the period from 15 October 2014 to 14 June 2015.
   Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 15 October 2014.

      Done at Brussels, 9 October 2014.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  The designation ‘Kosovo’ is without prejudice to positions on status, and is in line with UNSCR 1244/99 and the ICJ Opinion on the Kosovo declaration of Independence.

      (2)  OJ L 42, 16.2.2008, p. 92.

      (3)  Political and Security Committee Decision EULEX KOSOVO/1/2014 of 17 June 2014 extending the mandate of the Head of Mission of the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (OJ L 180, 20.6.2014, p. 17).

      (4)  Council Decision 2014/349/CFSP of 12 June 2014 amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (OJ L 174, 13.6.2014, p. 42).


title: 2008/535/EC: Decision of the European Parliament of 24 April 2007 on the discharge for the implementation of the budget of the European Network and Information Security Agency for the financial year 2005

text:
               15.7.2008

               EN

               Official Journal of the European Union

               L 187/176

         DECISION OF THE EUROPEAN PARLIAMENT
   of 24 April 2007
   on the discharge for the implementation of the budget of the European Network and Information Security Agency for the financial year 2005
   (2008/535/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Network and Information Security Agency for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Network and Information Security Agency for the financial year 2005, together with the Agency's replies (2),
   having regard to the Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   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 Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing a European Network and Information Security Agency (4), and in particular Article 17 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 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control (A6-0102/2007),

               1.

               Grants the director of the European Network and Information Security Agency Discharge for the implementation of the Agency's budget for the financial year 2005;

               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 Network and Information Security Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 266, 31.10.2006, p. 16.

      (2)  OJ C 312, 19.12.2006, p. 1.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 77, 13.3.2004, p. 1.

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

               15.7.2008

               EN

               Official Journal of the European Union

               L 187/177

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 24 April 2007
   with observations forming an integral part of the Decision on the discharge for the implementation of the budget of the European Network and Information Security Agency for the financial year 2005
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Network and Information Security Agency for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Network and Information Security Agency for the financial year 2005, together with the Agency's replies (2),
   having regard to the Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   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 Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing a European Network and Information Security Agency (4), and in particular Article 17 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 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control (A6-0102/2007),

               A.

               whereas the Court of Auditors stated that it obtained reasonable assurance that the annual accounts for the financial year ended 31 December 2005 were reliable, and the underlying transactions, taken as a whole, were legal and regular;

         General points concerning the majority of EU Agencies requiring individual discharge

               1.

               Considers that the ever-growing number of Community Agencies and the activities of certain of them do not seem to form part of an overall policy framework, and that the remits of some Agencies do not always reflect the real needs of the Union or the expectations of its citizens, and notes that in general terms the Agencies do not always have a good image or a good press;

               2.

               Invites the Commission therefore to define an overall policy framework for the setting up of new Community Agencies and to present a cost-benefit study before the setting up of any new Agency, while being careful to avoid any overlap of activities between Agencies or with the remits of other European organisations;

               3.

               Calls on the Court of Auditors to give its opinion on the cost-benefit study before Parliament takes its decision;

               4.

               Invites the Commission to present every five years a study on the added value of every existing Agency; invites all relevant institutions in the case of a negative evaluation of the added value of an Agency to take the necessary steps by reformulating the mandate of that Agency or by closing it;

               5.

               Considers it regrettable, given the growing number of regulatory Agencies, that the negotiations on the draft interinstitutional agreement on the operating framework for the European regulatory Agencies have not yet been concluded, and calls on the relevant departments of the Commission, in consultation with the Court of Auditors, to do their utmost to ensure that the agreement is brought to a rapid conclusion;

               6.

               Notes that the Commission's budgetary responsibility calls for closer linking of the Agencies to the Commission; calls on the Commission and the Council to take all necessary steps to give the Commission a blocking minority in the supervisory bodies of the regulatory Agencies by 31 December 2007 and to provide for such a minority from the outset when new Agencies are set up;

               7.

               Invites the Court of Auditors to create an additional chapter in its Annual Report, devoted to all Agencies to be discharged under the Commission's accounts in order to have a much clearer picture of the use of EU funds by Agencies;

               8.

               Recalls the principle according to which all Community Agencies, whether subsidised or not, are subject to discharge by the Parliament, even where a discharge authority exists by virtue of their constitutive texts;

               9.

               Calls on the Court of Auditors to perform performance audits for all Agencies and to report back to the relevant committees of Parliament, including the Committee on Budgetary Control;

               10.

               Notes that the number of Agencies is constantly increasing and that, in accordance with the Commission's political responsibility for the operation of the Agencies, which goes far beyond mere logistical support, there is an even higher need for the Directorates-General of the Commission charged with the setting up and monitoring of Agencies to develop a common approach to the Agencies; considers that a structure similar to the one created by the Agencies for coordination among the DGs concerned would be a pragmatic way forward towards a common approach by the Commission on all matters relating to the Agencies;

               11.

               Invites the Commission to improve administrative and technical support to the Agencies, taking into account the growing complexity of the Community's administrative rules and technical problems;

               12.

               Notes the lack of a disciplinary body in any of the Community Agencies, and calls on the Commission to take the necessary steps to ensure that such a mechanism is rapidly put in place;

               13.

               Welcomes the considerable improvements in the coordination among the Agencies, which allows them to tackle recurring problems and makes cooperation with the Commission and Parliament more efficient;

               14.

               Takes the view that the establishment by a number of Agencies of a shared support service aimed at making their computerised financial management systems consistent with those of the Commission is a measure that should be taken further and extended;

               15.

               Calls upon the Agencies to improve their cooperation and benchmarking with actors in the field; urges the Commission to adopt any measures it considers necessary to help the Agencies enhance their image and raise the profile of their activities;

               16.

               Calls upon the Commission to come up with a proposal to harmonise the format of the annual reporting by the Agencies and to develop performance indicators which would allow a comparison of their efficiency;

               17.

               Invites the Agencies to present at the beginning of every year performance indicators against which they could be measured;

               18.

               Invites all Agencies to increasingly use SMART objectives which should lead to more realistic planning and implementation of goals;

               19.

               Agrees with the Court of Auditors that the Commission also bears responsibility for the (financial) management of the Agencies; therefore, urges the Commission to monitor and where necessary direct and help the management of the different Agencies, especially in relation to the proper application of tender procedures, transparency of recruitment procedures, sound financial management (underspending and overbudgeting) and most importantly the proper application of the rules concerning the internal control framework;

               20.

               Considers that the Agencies' work programmes should express their contributions in operational and measurable terms and that due consideration should be given to the Commission's Internal Control Standards;

         Specific points

               21.

               Notes that the implementation of the budget for the financial year 2005 was marked by a low rate of commitment (70 %) and a substantial rate of carry-over (more than 40 % overall and up to almost 80 % for operating expenditure) and that this situation was in part due to problems inherent in the Agency's start-up period and to the fact that it did not start becoming operational until the second half of 2005;

               22.

               Notes that no activity-based management has been brought in, despite the Agency's financial regulation making provision for its introduction, on the lines of that applied to the general budget, with a view to improving the monitoring of performance.

      (1)  OJ C 266, 31.10.2006, p. 16.

      (2)  OJ C 312, 19.12.2006, p. 1.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 77, 13.3.2004, p. 1.

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


title: Commission Decision of 3 September 2011 setting up a Commission stakeholder expert group on public procurement and replacing Decision 87/305/EEC setting up an advisory committee on the opening-up of public procurement Text with EEA relevance

text:
               4.10.2011

               EN

               Official Journal of the European Union

               C 291/2

         COMMISSION DECISION
   of 3 September 2011
   setting up a Commission stakeholder expert group on public procurement and replacing Decision 87/305/EEC setting up an advisory committee on the opening-up of public procurement
   (Text with EEA relevance)
   2011/C 291/02
   THE COMMISSION OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               The Europe 2020 strategy stresses that public procurement policy should ensure the most efficient use of public funds, keep procurement markets open Union wide, especially in the context of severe budgetary constraints and economic difficulties in many Member States.

               (2)

               The Europe 2020 strategy underlines that public procurement rules should improve the business environment, especially with respect to innovative small and medium sized enterprises in order to support the shift towards a resource efficient economy. Public procurement policy should also contribute to the achievement of common societal goals, including the fight against climate change and the promotion of innovation, which are important new challenges facing Europe.

               (3)

               Within this context, the framework created by Commission Decision 87/305/EEC, of 26 May 1987, setting up an advisory committee on the opening-up of public procurement (1), is no longer suitable for providing the Commission with the expertise and practical input needed in order to shape a public procurement policy which meets the evolving challenges of the Union's public procurement policy.

               (4)

               It is therefore necessary to set up a group of experts on public procurement within a new legal framework which will allow, on the one hand, to adapt the functioning of the group to the new Commission framework for expert groups (2), and, on the other hand, to provide the Commission with the necessary expertise, experience and insight in order to meet the new challenges in the field of public procurement.

               (5)

               The group should therefore help the Commission to develop high quality procurement debate and policy. The group shall, where appropriate, prepare reports or issue opinions to help the Commission in developing and implementing Union policy and legislation on public procurement.

               (6)

               Furthermore, such a forum would also enable the sectors concerned to be informed about the design and application of Union rules on procurement.

               (7)

               In view of the above, the group should have a mixed composition of members chosen on the basis of their personal capacity and/or of the interests they represent, and from organisations. Those members should come from different backgrounds including, for instance, legal practitioners, technical experts involved in procurement contracts, academia, industry or trade organisations, associations of contracting authorities or entities.

               (8)

               The composition of the group should be balanced both with regard to gender and geographical origin as far as possible.

               (9)

               All members should satisfy high standards of active and quality participation during the meetings and in their preparation and follow up if needed.

               (10)

               Personal data should be processed in accordance with 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 (3).

               (11)

               Therefore, Decision 87/305/EEC should be repealed,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Commission stakeholder expert group on public procurement
   A stakeholder expert group on public procurement (hereinafter referred to as ‘the group’) is hereby set up.
   This group replaces the advisory committee on the opening-up of public procurement set up by Decision 87/305/EEC.
   Article 2
   Tasks of the group
   The tasks of the group shall be to provide the Commission with high quality legal, economic, technical and/or practical insight and expertise with a view to assisting it in shaping the public procurement policy of the Union.
   Those tasks may involve:

               (a)

               providing legal and economic analysis and comments on important developments or structural trends of public procurement, and their implications for the Union policy framework;

               (b)

               providing feedback to the Commission services on the challenges and developments in specific sectors which may require public procurement response and to propose adequate solutions;

               (c)

               providing input aimed at improving the effectiveness of the Union's public procurement policy;

               (d)

               providing input in the framework of preparatory legislative work of the Commission in the field of public procurement;

               (e)

               assisting the Commission services in analysing the relevant case law of the Court of Justice of the European Union.

         The opinions of the group shall not be binding on the Commission or its services.
   Article 3
   Consultation
   The Commission or its services may consult the group on any matter relating to the Union's public procurement policy, law and practice.
   Article 4
   Membership — Appointment
   1.   The group shall be composed of a maximum of 20 members.
   2.   Members shall be individuals appointed in a personal capacity, individuals representing a common interest, and/or organisations as referred to in Rule 8 of the horizontal rules for Commission expert groups.
   3.   All members and their representatives shall satisfy high standards of active and quality participation during the meetings and in their preparation and follow up if needed.
   4.   A call for applications shall be published by the services of the Commission with a view to selecting the members of the group.
   5.   Members shall be appointed by the Director General of DG Internal Market and Services. Those members shall be chosen from individuals and organisations with competence in the areas referred to in Article 2 and Article 3 and which have responded to the call for applications.
   Organisations shall nominate their representatives. The Director General of DG Internal Market and Services may refuse a representative proposed by an organisation on the basis that the representative does not meet the profile required in the call for applications. In such cases, the organisation concerned shall be asked to appoint another representative.
   6.   Members are appointed for three years by the Director General of DG MARKT. Their term of office may be renewed for a maximum of three years. The The Director General of DG MARKT shall decide on the renewal of one or several members on the basis of the quality, regularity and relevance of their contributions as defined in Article 3.
   Members shall remain in office and active until replaced.
   7.   Provision may be made for the same number of alternates as members to be appointed. Alternates shall be appointed in accordance with the same conditions as members; alternates automatically replace any members who are absent or indisposed.
   8.   Members who are no longer capable of contributing effectively to the group’s deliberations, who resign or who do not comply with the conditions set out in paragraph 5 of this Article, or Article 339 of the Treaty, may be replaced for the remainder of their term of office.
   9.   Individuals appointed in a personal capacity shall act independently and in the public interest. Individuals appointed to represent a common interest shared by stakeholders shall not represent an individual stakeholder.
   10.   The names of individuals appointed in a personal capacity, of individuals representing a common interest, and of organisations, shall be published in the Register of Commission expert groups and other similar entities (‘the Register’). The interests represented by individuals shall also be published in the Register.
   Individuals who do not wish to have their names disclosed may apply for a derogation from the obligation of publication set out in the first subparagraph. A derogation shall only be granted if disclosure of the expert's name could endanger his or her security or integrity or unduly prejudice his or her privacy.
   11.   Personal data shall be collected, processed and published in accordance with Regulation (EC) No 45/2001 (4).
   Article 5
   Operation
   1.   The group shall be chaired by a representative of the Commission services.
   2.   The group shall act at the request of those services.
   3.   The Commission services shall set the Agenda of the meetings in advance. To this effect, those services may take into account suggestions from the members of the group.
   4.   The Commission services may decide that the group meets in full or in subgroup(s) which shall be composed of those members whose expertise and/or interests are of specific relevance to the points of the agenda of the specific meeting.
   5.   The Commission services may invite experts from outside the group with specific competence in a subject on the agenda to participate in the work of the group on an ad hoc basis. In addition, the Commission services may give observer status to individuals, organisations as defined in Rule 8(3) of the horizontal rules on expert groups and candidate countries.
   6.   All members of the group and their representatives, as well as experts and observers invited for a specific meeting, shall comply with the obligations of professional secrecy laid down by the Treaties and their implementing rules, as well as with the Commission's rules on security regarding the protection of EU classified information, laid down in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (5). Should they fail to respect these obligations, the the Director General of Internal Market may take all appropriate measures.
   7.   The meetings of the group or subgroup(s) shall be held on Commission premises. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend meetings of the group.
   8.   The rules of procedure of the group shall be the standard rules of procedure for expert groups, unless the group adopts specific rules.
   9.   The Commission shall publish the relevant information on the activities carried out by the group either by including it in the Register or via a link from the Register to a dedicated website.
   Article 6
   Meeting expenses
   1.   Participants in the activities of the group shall not be remunerated for the services they render.
   2.   Travel and subsistence expenses incurred by participants in the activities of the group shall be reimbursed by the Commission in accordance with the provisions in force within the Commission.
   3.   Those expenses shall be reimbursed within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.
   Article 7
   Repeal
   Decision 87/305/EEC (6) is repealed.

      Done at Brussels, 3 September 2011.

            For the Commission

         Michel BARNIER

            Member of the Commission

      (1)  OJ L 152, 12.6.1987, p. 32. Commission Decision 87/305/EEC of 26 May 1987 setting up an advisory committee on the opening-up of public procurement.

      (2)  SEC(2010) 1360 final.

      (3)  OJ L 8, 12.1.2001, p. 1.

      (4)  See footnote 3.

      (5)  SEC(2007) 639 of 25.6.2007.

      (6)  See footnote 1.


Avis juridique important

|

31983D0517

83/517/EEC: Council Decision of 17 October 1983 on the rules of the Committee of the European Social Fund

Official Journal L 289 , 22/10/1983 P. 0042 - 0044 Spanish special edition: Chapter 05 Volume 4 P. 0030  Portuguese special edition Chapter 05 Volume 4 P. 0030

*****COUNCIL  DECISION  of 17 October 1983  on the rules of the Committee of the European Social Fund  (83/517/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 124 and 153 thereof,  Having regard to the draft submitted by the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas Council Regulation (EEC) No 2950/83 (4) lays down new methods of operation for the European Social Fund deriving from the tasks of the Fund as defined by Council Decision 83/516/EEC (5);  Whereas it is appropriate to revise the rules of the Committee of the Social Fund taking account of the new methods of operation of the Fund;  Whereas in the interests of greater clarity and legal certainty it is appropriate for the Council Decision of 25 August 1960 on the rules of the Committee of the European Social Fund (6), as last amended by the 1979 Act of Accession, to be replaced by a new Decision,  HAS DECIDED AS FOLLOWS:  Article 1  1. The Committee shall give opinions on:  (a) proposals and drafts concerning the rules governing the tasks and operation of the Fund;  (b) decisions applying the rules governing the tasks and operation of the Fund;  (c) the guidelines for the management of the Fund;  (d) the preliminary draft of the budget relating to the Fund;  (e) applications for assistance from the Fund.  2. The Committee may, on its own initiative, submit opinions to the Commission on any question concerning the tasks and operation of the Fund.  Article 2  The Committee shall be presided over by a member of the Commission. It shall consist of two representatives of the Government, two representatives of trade unions and two representatives of employers' organizations from each Member State.  Article 3  1. For each Member State, one alternate member shall be appointed for each of the categories referred to in Article 2.  2. In the absence of one or both members, their alternate shall be automatically entitled to take part in the deliberations.  Article 4  1. The term of office for members and alternates shall be two years. Their appointments may be renewed.  2. After expiry of their term of office, members and alternates shall remain in office until they are replaced or until their appointments are renewed.  Article 5  1. Only nationals of Member States may be appointed Committee members or alternates.  2. The duties of a member or alternate shall be incompatible with those of a member of an institution of the European Communities or of the Economic and Social Committee and with those of an official of the European Communities.  Article 6  1. Members and alternates shall be appointed by the Council. In appointing the Committee, the Council shall make every effort to achieve fair representation within the various groups concerned.  2. The list of members and alternates shall be published in the Official Journal of the European Communities.  Article 7  In the event of the death or resignation of a member or alternate or if he is no longer qualified to serve on the Committee, a new member or alternate shall be appointed, in accordance with the procedure provided for in Article 6, for the remainder of his term of office.  Article 8  The member of the Commission responsible for chairing the Committee may delegate this duty to a senior official of the Commission.  Article 9  1. The Committee shall be convened by its chairman, either on his own initiative or at the request of one-third of the members.  2. Notices of meetings shall contain the agenda decided on by the chairman for discussion. The Committee may decide to discuss other matters falling within its competence.  3. The meetings of the Committee shall not be public.  Article 10  The Committee shall take all decisions by an absolute majority of the votes validly cast.  Article 11  On a proposal from the chairman the Committee may hear experts.  Article 12  The Committee shall submit to the Commission a summary of the opinions which it has given; the summary shall also mention the minority opinions expressed.  Article 13  1. The Commission may consult the Committee using the written procedure where such consultation is of an urgent nature and its content lends itself to such a procedure. The Committee shall be informed without delay of the opinions expressed by its members.  2. If one-third of the members of the Committee so request, the written procedure shall be suspended and the chairman shall convene the Committee without delay.  Article 14  Where the Commission departs from an opinion of the Committee it shall inform the Committee within 40 days of the reasons for its decision.  Article 15  The Commission shall inform the Committee regularly of the principal aspects of Community policy on economic and social affairs.  Article 16  Secretarial services shall be provided for the Committee by the Commission. The Commission shall make available to the Committee the premises and facilities needed for its operation.  Article 17  1. The Committee shall draw up its rules of procedure.  2. The rules of procedure shall be approved by the Council, after consulting the Commission.  Article 18  The Council Decision of 25 August 1960, on the Rules of the Committee of the European Social Fund, is hereby repealed.  Done at Luxembourg, 17 October 1983.  For the Council  The President  G. VARFIS  (1) OJ No C 308, 25. 11. 1982, p. 9.  (2) OJ No C 161, 20. 6. 1983, p. 51.  (3) OJ No C 124, 9. 5. 1983, p. 4.  (4) See page 1 of this Official Journal.  (5) See page 38 of this Official Journal.  (6) OJ No 56, 31. 8. 1960, p. 1201/60.  ANNEX  STATEMENT TO BE ENTERED IN THE MINUTES  Council statement  'The Council notes that in the framework of the rules and practices in force at national level Member States will endeavour, wherever appropriate, to involve workers and employers in examination of the problems which may be raised by certain requests for Fund assistance.'


title: 2009/189/EC,Euratom: Decision of the European Parliament of 22 April 2008 on discharge in respect of the implementation of the budget of the Intelligent Energy Executive Agency for the financial year 2006

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 88/67

      DECISION OF THE EUROPEAN PARLIAMENT

   of 22 April 2008
   on discharge in respect of the implementation of the budget of the Intelligent Energy Executive Agency for the financial year 2006
   (2009/189/EC, Euratom)
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2006 (1),
   having regard to the final annual accounts of the European Communities for the financial year 2006 — Volume I (SEC(2007) 1056 — C6-0390/2007, SEC(2007) 1055 — C6-0362/2007) (2),
   having regard to the final annual accounts of the Intelligent Energy Executive Agency for the financial year 2006 (3),
   having regard to the Commission's annual report to the discharge authority on the follow-up to 2005 discharge decisions (COM(2007) 538, COM(2007) 537), and to the Commission staff working document — Annex to the report from the Commission to the European Parliament on the follow-up to 2005 discharge procedure (SEC(2007) 1185, SEC(2007) 1186),
   having regard to the Commission communication entitled ‘Policy Achievements in 2006’ (COM(2007) 67),
   having regard to the Commission communication entitled ‘Synthesis of the Commission's management achievements in 2006’ (COM(2007) 274),
   having regard to the Commission's annual report to the discharge authority on internal audits carried out in 2006 (COM(2007) 280), and to the Commission staff working document accompanying the annual report to the discharge authority on internal audits carried out in 2006 (SEC(2007) 708),
   having regard to the Commission's report on Member States' replies to the Court of Auditors' 2005 annual report (COM(2007) 118),
   having regard to the Green Paper on the European Transparency Initiative, adopted by the Commission on 3 May 2006 (COM(2006) 194),
   having regard to Opinion No 2/2004 of the Court of Auditors on the ‘single audit’ model (and a proposal for a Community internal control framework) (4),
   having regard to the Commission communication on a roadmap to an integrated internal control framework (COM(2005) 252),
   having regard to the Commission's action plan towards an integrated internal control framework (COM(2006) 9), the report from the Commission to the Council, the European Parliament and the Court of Auditors on the progress of the Commission action plan towards an integrated internal control framework (COM(2007) 86), and the Commission staff working document accompanying that report (SEC(2007) 311),
   having regard to Opinion No 6/2007 of the Court of Auditors on the annual summaries of Member States; ‘national declarations’ of Member States; and audit work on EU funds of national audit bodies (5),
   having regard to the Commission's action plan to strengthen the Commission's supervisory role under shared management of structural actions (COM(2008) 97),
   having regard to the report from the Commission to the Council, the European Parliament and the Court of Auditors on the Commission action plan towards an integrated internal control framework (COM(2008) 110), and the Commission staff working document accompanying that report (SEC(2008) 259),
   having regard to the Court of Auditors' report on the final annual accounts of the Intelligent Energy Executive Agency for the financial year 2006, together with the Agency's replies (6),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (7),
   having regard to the Council's recommendation of 12 February 2008 (5855/2008 — C6-0083/2008),
   having regard to Articles 274, 275 and 276 of the EC Treaty, and Articles 179a and 180b of the Euratom Treaty,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (8), and in particular Article 55 thereof,
   having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (9), and in particular Article 14(3) thereof,
   having regard to Commission Regulation (EC) No 1653/2004 of 21 September 2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (10), and in particular the first and second paragraphs of Article 66 thereof,
   having regard to Decision 2004/20/EC of the Commission of 23 December 2003 setting up an executive agency, the ‘Intelligent Energy Executive Agency’, to manage Community action in the field of energy in application of Council Regulation (EC) No 58/2003 (11),
   having regard to Rule 70 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A6-0109/2008),

               A.

               whereas under Article 274 of the EC Treaty the Commission implements the budget on its own responsibility, having regard to the principles of sound financial management,

               1.

               Grants the Director of the Intelligent Energy Executive Agency discharge in respect of the implementation of the Agency's budget for the financial year 2006;

               2.

               Sets out its observations in the resolution that forms an integral part of the decision on discharge in respect of the implementation of the European Union general budget for the financial year 2006, section III — Commission;

               3.

               Instructs its President to forward this Decision, together with the Decision on discharge in respect of the implementation of the European Union general budget for the financial year 2006, section III — Commission and the resolution that forms an integral part of that Decision, to the Director of the Intelligent Energy Executive Agency, the Council, the Commission, the Court of Justice and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ L 78, 15.3.2006.

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

      (3)  OJ C 261, 31.10.2007, p. 29.

      (4)  OJ C 107, 30.4.2004, p. 1.

      (5)  OJ C 216, 14.9.2007, p. 3.

      (6)  OJ C 309, 19.12.2007, p. 18.

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

      (8)  OJ L 248, 16.9.2002, p. 1.

      (9)  OJ L 11, 16.1.2003, p. 1.

      (10)  OJ L 297, 22.9.2004, p. 6.

      (11)  OJ L 5, 9.1.2004, p. 85.


title: 2011/341/CFSP: Political and Security Committee Decision Atalanta/2/2011 of 15 June 2011 on the appointment of an EU Operation Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)

text:
               16.6.2011

               EN

               Official Journal of the European Union

               L 158/36

         POLITICAL AND SECURITY COMMITTEE DECISION ATALANTA/2/2011
   of 15 June 2011
   on the appointment of an EU Operation Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)
   (2011/341/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 38 thereof,
   Having regard to Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1) (Atalanta), and in particular Article 6 thereof,
   Whereas:

               (1)

               Pursuant to Article 6 of Joint Action 2008/851/CFSP, the Council authorised the Political and Security Committee to take decisions on the appointment of the EU Operation Commander.

               (2)

               The United Kingdom has proposed that Rear Admiral Duncan POTTS replace Major-General Buster HOWES as EU Operation Commander.

               (3)

               The EU Military Committee supports that proposal.

               (4)

               In accordance with Article 5 of Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications,

         HAS ADOPTED THIS DECISION:
   Article 1
   Rear-Admiral Duncan POTTS is hereby appointed EU Operation Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast.
   Article 2
   This Decision shall enter into force on 1 August 2011.

      Done at Brussels, 15 June 2011.

            For the Political and Security Committee

            The Chairperson

         O. SKOOG

      (1)  OJ L 301, 12.11.2008, p. 33.


               23.12.2016

               EN

               Official Journal of the European Union

               C 482/244

         P7_TA(2014)0033
   Appointment of a Member of the Executive Board of the European Central Bank (Sabine Lautenschläger)
   European Parliament decision of 16 January 2014 on the Council recommendation for appointment of a Member of the Executive Board of the European Central Bank (N7-0002/2014 — C7-0010/2014 — 2014/0801(NLE))
   (Consultation)
   (2016/C 482/45)

      The European Parliament,

               —

               having regard to the Council's recommendation of 7 January 2014 (N7-0002/2014) (1),

               —

               having regard to Article 283(2), second subparagraph, of the Treaty on the Functioning of the European Union, pursuant to which the European Council consulted Parliament (C7-0010/2014),

               —

               having regard to Rule 109 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Economic and Monetary Affairs (A7-0023/2014),

               A.

               whereas, by letter of 8 January 2014, received on 9 January 2014, the European Council consulted Parliament on the appointment of Sabine Lautenschläger as a Member of the Executive Board of the European Central Bank (ECB) for a term of office of eight years;

               B.

               whereas Parliament's Committee on Economic and Monetary Affairs then proceeded to evaluate the credentials of Ms Lautenschläger, in particular in view of the requirements laid down in Article 283(2) of the Treaty on the Functioning of the European Union (TFEU) and in the light of the need for full independence of the ECB in the area of monetary policy pursuant to Article 130 TFEU, whereas in carrying out this evaluation, the committee received a curriculum vitae from Ms Lautenschläger as well as her replies to the written questionnaire that had been sent to her;

               C.

               whereas the committee subsequently held a hearing with Ms Lautenschläger on 13 January 2014, at which she made an opening statement and then responded to questions from the members of the committee;

               1.

               Delivers a favourable opinion on the Council recommendation to appoint Sabine Lautenschläger as Member of the Executive Board of the ECB;

               2.

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

      (1)  Not yet published in the Official Journal.


title: Council Decision 2006/412/CFSP of  12 June 2006  on the launching of the European Union military operation in support of the United Nations Organisation Mission in the Democratic Republic of the Congo (MONUC) during the election process (Operation EUFOR RD Congo)

text:
               15.6.2006

               EN

               Official Journal of the European Union

               L 163/16

      COUNCIL DECISION 2006/412/CFSP
   of 12 June 2006
   on the launching of the European Union military operation in support of the United Nations Organisation Mission in the Democratic Republic of the Congo (MONUC) during the election process
   (Operation EUFOR RD Congo)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Joint Action 2006/319/CFSP of 27 April 2006 on the European Union military operation in support of the United Nations Organisation Mission in the Democratic Republic of the Congo (MONUC) during the election process (1) and in particular Article 5 thereof,
   Whereas:

               (1)

               The Secretary General of the United Nations by letter dated 18 April 2006 confirmed the principles for the EU military support to MONUC in response to a letter by the Presidency dated 28 March 2006.

               (2)

               The DRC authorities have welcomed a possible EU military support to MONUC during the electoral process.

               (3)

               On 25 April 2006, the United Nations Security Council adopted Resolution 1671 (2006), authorising the temporary deployment of a European Union force (EUFOR RD Congo) to support MONUC during the period encompassing the elections in the Democratic Republic of the Congo.

               (4)

               The Independent Electoral Commission of the DRC has announced that the first round of elections in the DRC will be held on 30 July 2006.

               (5)

               In accordance with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications and therefore does not participate in the financing of the operation,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The EU military operation in the DRC in support of MONUC during the election process (Operation EUFOR RD Congo) shall be launched on 12 June 2006.
   Article 2
   The EU Operation Commander is hereby authorised with immediate effect to release the activation order (ACTORD) in order to execute the deployment of the forces, prior to Transfer of Authority following their arrival in theatre, and start execution of the mission.
   Article 3
   This Decision shall take effect on the date of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 12 June 2006.

            For the Council

            The President

         U. PLASSNIK

      (1)  OJ L 116, 29.4.2006, p. 98.


title: Council Decision (EU) 2016/2232 of 6 December 2016 on the signing, on behalf of the Union, and provisional application of the Political Dialogue and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Cuba, of the other part

text:
               13.12.2016

               EN

               Official Journal of the European Union

               LI 337/1

         COUNCIL DECISION (EU) 2016/2232
   of 6 December 2016
   on the signing, on behalf of the Union, and provisional application of the Political Dialogue and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Cuba, of the other part
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 31(1) and Article 37 thereof,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 207 and 209, in conjunction with Article 218(5) and the second subparagraph of Article 218(8), thereof,
   Having regard to the proposal from the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 10 February 2014 the Council authorised the Commission to open negotiations with the Republic of Cuba for a political dialogue and cooperation agreement.

               (2)

               Negotiations were successfully completed with the initialling, on 11 March 2016, of the Political Dialogue and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Cuba, of the other part (‘the Agreement’).

               (3)

               Article 86(3) of the Agreement provides for its provisional application pending its entry into force.

               (4)

               The Agreement should therefore be signed on behalf of the Union and applied in part on a provisional basis, pending the completion of the procedures necessary for its conclusion.

               (5)

               The provisional application of parts of the Agreement does not prejudge the allocation of competences between the Union and its Member States in accordance with the Treaties. It should also be consistent with the nature of Union competence, in particular as regards matters referred to in Titles IV to VII of Part III of the Agreement,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union of the Political Dialogue and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Cuba, of the other part, is hereby authorised, subject to the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   Pending the entry into force of the Agreement, in accordance with Article 86(3) thereof and subject to the notifications provided for therein, the following parts of the Agreement shall be applied on a provisional basis (1) between the Union and the Republic of Cuba, but only to the extent that they cover matters falling within the Union's competence, including matters falling within the Union's competence to define and implement a common foreign and security policy:

               —

               Parts I to IV; and

               —

               Part V, to the extent that the provisions thereof are limited to the purpose of ensuring provisional application of the Agreement.

         Notwithstanding the first paragraph of this Article, the following Articles shall not be applied on a provisional basis:

               —

               Article 29;

               —

               Article 35;

               —

               Article 55 to the extent that it concerns cooperation on maritime transport;

               —

               Article 58;

               —

               Article 71 to the extent that it concerns border security; and

               —

               Article 73 to the extent that it concerns cooperation on non-agricultural geographical indications.

         Article 4
   This Decision shall enter into force on the date following that of its adoption.

      Done at Brussels, 6 December 2016.

            For the Council

            The President

         P. KAŽIMÍR

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