title: Council Decision (EU) 2016/414 of 10 March 2016 authorising the Republic of Austria to sign and ratify, and Malta to accede to, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, in the interest of the European Union

text:
               22.3.2016

               EN

               Official Journal of the European Union

               L 75/1

         COUNCIL DECISION (EU) 2016/414
   of 10 March 2016
   authorising the Republic of Austria to sign and ratify, and Malta to accede to, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, in the interest of the European Union
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(2), in conjunction with point (a) of Article 218(6) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

               The Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (‘the Convention’) simplifies the methods of transmission of judicial and extrajudicial documents between the Contracting States. It thus facilitates judicial cooperation in cross-border civil and commercial litigation.

               (2)

               Many countries, including the Member States except the Republic of Austria and Malta, are parties to the Convention. The Republic of Austria and Malta have expressed their interest in becoming parties to the Convention. It is in the interest of the Union that all Member States are parties to the Convention. In addition, in the framework of Union external policy in the area of civil justice, the Union promotes accession to, and ratification of, the Convention by third States.

               (3)

               The Union has external competence with regard to the Convention in so far as its provisions affect the rules laid down in certain provisions of Union legislation or in so far as the accession of additional Member States to the Convention alters the scope of certain provisions of Union legislation, such as Article 28(4) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council (2).

               (4)

               The Convention does not allow for participation by regional economic integration organisations such as the Union. As a result, the Union is not in a position to accede to the Convention.

               (5)

               The Council should therefore authorise the Republic of Austria to sign and ratify, and Malta to accede to, the Convention, in the interest of the Union. The Member States retain their competence in those areas of the Convention which do not affect Union rules or alter their scope, in accordance with Article 3(2) of the Treaty on the Functioning of the European Union.

               (6)

               The United Kingdom and Ireland are bound by Regulation (EC) No 1393/2007 of the European Parliament and of the Council (3) and are therefore taking part in the adoption and application of this Decision.

               (7)

               In accordance with Articles 1 and 2 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 is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Council hereby authorises the Republic of Austria to sign and ratify, and Malta to accede to, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, in the interest of the Union.
   The text of the Convention is attached to this Decision.
   Article 2
   1.   The Republic of Austria shall take the necessary steps to deposit its instrument of ratification of the Convention with the Ministry of Foreign Affairs of the Kingdom of the Netherlands within a reasonable time and at the latest by 31 December 2017.
   2.   The Republic of Austria shall inform the Council and the Commission of the date of its deposit of the instrument of ratification.
   Article 3
   1.   After this Decision takes effect Malta shall notify the Ministry of Foreign Affairs of the Kingdom of the Netherlands of the date on which the Convention will become applicable to Malta.
   2.   Malta shall likewise inform the Council and the Commission of the date referred to in paragraph 1.
   Article 4
   This Decision shall take effect on the day following that of its publication in the Official Journal of the European Union.
   Article 5
   This Decision is addressed to Malta and the Republic of Austria.

      Done at Brussels, 10 March 2016.

            For the Council

            The President

         K.H.D.M. DIJKHOFF

      (1)  Not yet published in the Official Journal.

      (2)  Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).

      (3)  Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000 (OJ L 324, 10.12.2007, p. 79).


Avis juridique important

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31986D0479

86/479/EEC: Commission Decision of 18 September 1986 establishing an Advisory Committee on the protection of the environment in areas under serious threat (Mediterranean basin)

Official Journal L 282 , 03/10/1986 P. 0023 - 0024 Finnish special edition: Chapter 15 Volume 7 P. 0146  Swedish special edition: Chapter 15 Volume 7 P. 0146

*****COMMISSION  DECISION  of 18 September 1986  establishing an Advisory Committee on the protection of the environment in areas under serious threat (Mediterranean basin)  (86/479/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas the action programme of the European Community on the environment (1982-86) adopted by the Council on 7 February 1983 (1) expressly states that the environment must be regarded as the basis constituting the limits to further economic and social development;  Whereas the Commission adopted on 11 April 1984 a communication defining a strategy and a plan of action for the protection of the environment in the Mediterranean (2), calling for the implementation of a range of coordinated measures which would create conditions conducive to the harmonious development of the region's socio-economic activities;  Whereas the European Parliament has adopted a resolution on the abovementioned communication approving the proposal to establish an advisory committee (3);  Whereas the Mediterranean basin is a region with particular physical, socio-economic and cultural characteristics whose problems and potential demand special attention in Community policies;  Whereas the Commission must consult experts from the Member States on pollution in areas where the environment is under particular threat;  Whereas it is also necessary for the Community to have a forum in which the experts can meet to pool national information and experience, thus facilitating coordination of the measures taken or planned at national, international and Community level,  HAS DECIDED AS FOLLOWS:  Article 1  An Advisory Committee on the protection of the environment in areas under serious threat, hereinafter referred to as 'the Committee', is hereby set up under the aegis of the Commission.  Article 2  The Committee shall assist the Commission in the implementation of the programme set out in the communication on the protection of the environment in the Mediterranean basin, and in particular it shall:  1. Gather information on present and foreseeable environmental problems and on measures under way or planned;  2. Identify and deliver opinions on feasibility studies, descriptive analyses and pilot or demonstration projects for which a financial contribution by the Commission is proposed from the budgetary appropriations for direct Community measures in regions where the environment is under particular threat;  3. Direct its work towards the study and examination of questions whose solution will require the deployment of more substantial resources and in respect of which results may only be expected in the longer term;  4. Develop, with the help of the abovementioned resources, a medium- and long-term strategy and plan of action for the protection of the environment in the Mediterranean basin.  Article 3  The Committee shall comprise a maximum of 16 highly-qualified specialists who are experts in the areas set out in Article 2.  Article 4  The experts shall be appointed by the Commission upon proposals from the Member States.  Article 5  An alternate shall be appointed for each member of the Committee, in accordance with the procedure set out in Article 4. Without prejudice to Article 9, an alternate shall attend meetings of the Committee and participate in its work only if the member for whom he is deputizing is prevented from attending.  Article 6  The term of office of members of the Committee shall be two years. On expiry of the two-year period, the members of the Committee shall remain in office until they are replaced or their term of office is extended. The term of  office of a member or alternate shall end before expiry of the two-year period if the person in question dies or resigns, or the government which proposed him requests that he be replaced. His successor shall be appointed for the remainder of the term of office in accordance with the procedure set out in Article 4.  There shall be no remuneration for the tasks performed.  Article 7  The list of members and alternates shall be published by the Commission in the Official Journal of the European Communities.  Article 8  The Committee shall be chaired by a Commission representative.  Article 9  The chairman may invite any person who has particular experience of an item on the Committee's agenda to participate in the Committee's work as an expert.  Experts shall participate only in discussions on the questions for which they were invited to attend.  Article 10  Should the need arise, the Commission may co-opt onto the Committee one or more persons who have particular experience of a given field under discussion.  Article 11  Representatives of the Commission departments concerned shall participate in the Committee's work.  Secretarial services shall be provided by the Commission.  Article 12  In accordance with requirements, the Committee shall adopt its own rules of procedure.  Article 13  Without prejudice to Article 214 of the Treaty, the members of the Committee shall be under an obligation not to disclose information which they acquire through the work of the Committee in cases where the Commission informs them that the opinion requested, or the question under discussion, relates to a confidential matter. In such cases, only the members of the Committee and the representatives of the Commission's departments shall attend meetings of the Committee.  Article 14  This Decision shall take effect on 18 September 1986.  Done at Brussels, 18 September 1986.  For the Commission  Stanley CLINTON DAVIS  Member of the Commission  (1) OJ No C 46, 17. 2. 1983, p. 1.  (2) OJ No C 133, 21. 5. 1984, p. 12.  (3) OJ No C 141, 10. 6. 1985, p. 493.


Avis juridique important

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31994D0051

94/51/ECSC: Commission Decision of 20 December 1993 concerning the conclusion on behalf of the European Coal and Steel Community of the Additional Protocol to the interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community and the Republic of Hungary and to the Europe Agreement between the European Communities and their Member States and the Republic of Hungary

Official Journal L 025 , 29/01/1994 P. 0033 - 0033 Finnish special edition: Chapter 11 Volume 28 P. 0044  Swedish special edition: Chapter 11 Volume 28 P. 0044

COMMISSION DECISION of 20 December 1993 concerning the conclusion on behalf of the European Coal and Steel Community of the Additional Protocol to the interim Agreement on trade and trade-related matters between the European Economic Community and  the European Coal and Steel Community and the Republic of Hungary and to the Europe Agreement between the European Communities and their Member States and the Republic of Hungary (94/51/ECSC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular the first paragraph of Article 95 thereof,  Having regard to the conclusions of the European Council which has taken place in Copenhagen on 21 and 22 June 1993,  Whereas the Commission has negotiated on behalf of the Communities an Additional Protocol to the Interim Agreement on trade and trade-related matters and to the Europe Agreement with the Republic of Hungary;  Whereas it is necessary to approve this Additional Protocol;  Whereas the conclusion of the Additional Protocol is necessary to attain the objectives of the Community set out in particular in Articles 2 and 3 of the Treaty establishing the European Coal and Steel Community;  Whereas the Treaty did not make provision for all the cases covered by this Decision;  Having consulted the Consultative Committee and with the unanimous assent of the Council,  HAS DECIDED AS FOLLOWS:   Article 1  The Additional Protocol to the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Hungary, of the other part and to the Europe  Agreement between the European Communities and their Member States of the one part and the Republic of Hungary of the other part, is hereby approved on behalf of the European Coal and Steel Community.  This text is attached to this Decision (1).   Article 2  The President of the Commission shall give the notification provided for in Article 9 of the Additional Protocol on behalf of the European Coal and Steel Community.  Done at Brussels, 20 December 1993.  For the Commission The president Jacques DELORS  (1) See page 7 of this Official Journal.


title: Council Decision of 8 October 2015 adopting the Council’s position on draft amending budget No 7 of the European Union for the financial year 2015

text:
               13.10.2015

               EN

               Official Journal of the European Union

               C 338/2

         COUNCIL DECISION
   of 8 October 2015
   adopting the Council’s position on draft amending budget No 7 of the European Union for the financial year 2015
   (2015/C 338/02)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
   Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1) and in particular Article 41 thereof,
   Whereas:

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Council’s position on draft amending budget No 7 of the European Union for the financial year 2015 was adopted on 8 October 2015.
   The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/

      Done at Luxembourg, 8 October 2015.

            For the Council

            The President

         J. ASSELBORN

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

      (2)  OJ L 69, 13.3.2015, p. 1.


title: Decision of the European Parliament of 5 May 2010 on discharge in respect of the implementation of the European Union general budget for the financial year 2008, Section V — Court of Auditors

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/89

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on discharge in respect of the implementation of the European Union general budget for the financial year 2008, Section V — Court of Auditors
   (2010/501/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2008 (1),
   having regard to the final annual accounts of the European Communities for the financial year 2008 — Volume I (C7-0176/2009) (2),
   having regard to the Court of Auditors’ annual report to the discharge authority on internal audits carried out in 2008,
   having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2008, together with the institutions’ replies (3),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (4),
   having regard to Article 272(10) and Articles 274, 275 and 276 of the EC Treaty and Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A7-0097/2010),

               1.

               Grants the Court of Auditors’ Secretary-General discharge in respect of the implementation of its budget for the financial year 2008;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 71, 14.3.2008.

      (2)  OJ C 273, 13.11.2009, p. 1.

      (3)  OJ C 269, 10.11.2009, p. 1.

      (4)  OJ C 273, 13.11.2009, p. 122.

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

               25.9.2010

               EN

               Official Journal of the European Union

               L 252/90

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the European Union general budget for the financial year 2008, Section V — Court of Auditors
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2008 (1),
   having regard to the final annual accounts of the European Communities for the financial year 2008 — Volume I (C7-0176/2009) (2),
   having regard to the Court of Auditors’ annual report to the discharge authority on internal audits carried out in 2008,
   having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2008, together with the institutions’ replies (3),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (4),
   having regard to Article 272(10) and Articles 274, 275 and 276 of the EC Treaty and Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A7-0097/2010),

               1.

               Notes that in 2008 the Court of Auditors had commitment appropriations available amounting to a total of EUR 133 million (2007: EUR 122 million; 2006: EUR 114 million), with a utilisation rate of 90,66 %, below the average of the other institutions (95,67 %);

               2.

               Recalls that, as regards the financial year 2008, the Court’s accounts were audited by an external firm, PricewaterhouseCoopers (as well as in 2007; before that — KPMG), which reached the following conclusions:

                           (a)

                           in relation to the accuracy of the accounts for the financial year 2008, that ‘in our opinion, these financial statements give a true and fair view of the financial position of the European Court of Auditors as of 31 December 2008, and its financial performance and its cash flows for the year then ended in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June, Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of the said Council Regulation, and the European Court of Auditors’ Accounting Rules’; and

                           (b)

                           in relation to the use of financial resources assigned to the Court and the adequacy of control procedures in place during the financial year 2008, that ‘nothing has come to our attention that causes us to believe that in all material respects and based on (identified) criteria, (a) the resources assigned to the Court have not been used for their intended purposes, and (b) the control procedures in place do not provide the necessary guarantees to ensure the compliance of financial operations with the applicable rules and regulations’;

               3.

               Recalls its suggestion to consider a possibility to devise a more rational structure for the Court, and asks the Court to consider alternative models with a view to reducing the total number of members, by capping the number of members and adopting, for example, a rotation system based on the principle of equality among members;

               4.

               Notes the Court’s efforts to improve the procedure for the publication and presentation of its annual reports; hopes that an agreed procedure for this decisive stage in the discharge process can be established for future use, with due regard for the absolute independence of the Court and the prerogatives of the committee responsible;

               5.

               Notes that the current procedure of the publication and presentation of the Court’s special reports, while adding to the Court’s identity and visibility, raises some concerns: while the Parliament fully respects the right of the Court to submit the observations in the form of special reports at any time, it considers that the current procedure, which commences with the special report’s public presentation and the Court’s press conference well in advance of the presentation of the special report to the Committee on Budgetary Control, may not fully reflect the Court’s role as a reporting institution assisting the Parliament and Council in exercising their powers of control over the implementation of the budget;

               6.

               Welcomes the fact that a ‘peer review’ report by an international peer review team (delivered in December 2008) reached an overall conclusion, and that the report recognised that most of the recommendations had been anticipated in the framework of the action plan made prior to the review; welcomes the Court’s intention to integrate the other recommendations into the 2009-2012 Audit Strategy and its endeavour to implement them during the period;

               7.

               Notes that although the Court recruited 97 employees in 2008 (48 officials, 18 temporary staff, 31 contract staff), the overall number of vacant posts at the end of 2008 (69) was higher than at the end of 2007 (56); takes into account that the Court obtained 22 additional posts (853 total), and the shortage of suitable laureates which prevented the Court from recruiting as many new staff as planned; requests the Court to report on its progress in shortening delays in its recruitment process;

               8.

               Welcomes the setting up of the Joint Committee on equal opportunities, the progress made in the areas of IT and telecommunications, and effective management of office space;

               9.

               Notes that the 2008 report of the Court’s internal auditor was largely positive, and welcomes in this context the fact that most recommendations put forward by the internal auditor have been accepted and integrated into corrective action plans; welcomes the establishment of framework for monitoring the effectiveness of internal controls, as well as the adoption of Key Performance Indicators;

               10.

               Welcomes the new integrated system for management and financial control (SAP), in operation since 1 January 2008, which enabled budget savings and gains in efficiency for the three institutions involved (the Council, the Court of Auditors and the Court of Justice) while it regrets that the Court of Auditors did not implement the system before;

               11.

               Welcomes the ongoing successful interinstitutional cooperation with the Court of Justice of the European Union as regards training;

               12.

               Recalls, in relation to declarations of members’ financial interests, that, in compliance with the Court’s Code of Conduct, Court members communicate a declaration of their financial interests to the President of the Court, who keeps them under confidential custody, and that these declarations are not published; reconfirms its position that in the interests of transparency, declarations of financial interests of members of all EU institutions should be accessible on the Internet via a public register, and calls upon the Court to take the necessary steps in this regard;

               13.

               Commends the Court for the quality of its annual activity report, and welcomes the inclusion of a chapter outlining the follow-up during the year to Parliament’s previous discharge decisions.

      (1)  OJ L 71, 14.3.2008.

      (2)  OJ C 273, 13.11.2009, p. 1.

      (3)  OJ C 269, 10.11.2009, p. 1.

      (4)  OJ C 273, 13.11.2009, p. 122.

      (5)  OJ L 248, 16.9.2002, p. 1.


title: Council Decision of 11 March 2010 on the signing and provisional application of the Cooperation Agreement on Satellite Navigation between the European Union and its Member States and the Kingdom of Norway

text:
               29.10.2010

               EN

               Official Journal of the European Union

               L 283/11

         COUNCIL DECISION
   of 11 March 2010
   on the signing and provisional application of the Cooperation Agreement on Satellite Navigation between the European Union and its Member States and the Kingdom of Norway
   (2010/652/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 172, in conjunction with Article 218(5) and the first subparagraph of Article 218(8) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Commission has negotiated the Cooperation Agreement on Satellite Navigation with the Kingdom of Norway (hereinafter referred to as ‘the Agreement’), which was initialled on 17 July 2009.

               (2)

               The Agreement is subject to ratification also by the Member States.

               (3)

               In accordance with Article 12(4) thereof, the Agreement should be applied on a provisional basis by the European Union, as regards elements falling within its competence, and by the Kingdom of Norway, pending its entry into force.

               (4)

               The Agreement should be signed on behalf of the European Union and applied on a provisional basis as set out in this Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Cooperation Agreement on Satellite Navigation between the European Union and its Member States and the Kingdom of Norway is hereby approved on behalf of the Union, 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, subject to its conclusion.
   Article 3
   In accordance with Article 12(4) of the Agreement, as regards elements falling within the competence of the Union, the Agreement shall be applied on a provisional basis, pending its entry into force. The Commission shall publish a notice in the Official Journal of the European Union providing information on the date of provisional application of the Agreement.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 11 March 2010.

            For the Council

            The President

         J. BLANCO

    ---documentbreak---

               29.10.2010

               EN

               Official Journal of the European Union

               L 283/12

         COOPERATION AGREEMENT
   on Satellite Navigation between the European Union and its Member States and the Kingdom of Norway
   THE EUROPEAN UNION, hereinafter also referred to as the ‘Union’,
   and
   THE KINGDOM OF BELGIUM,
   THE REPUBLIC OF BULGARIA,
   THE CZECH REPUBLIC,
   THE KINGDOM OF DENMARK,
   THE FEDERAL REPUBLIC OF GERMANY,
   THE REPUBLIC OF ESTONIA,
   IRELAND,
   THE HELLENIC REPUBLIC,
   THE KINGDOM OF SPAIN,
   THE FRENCH REPUBLIC,
   THE ITALIAN REPUBLIC,
   THE REPUBLIC OF CYPRUS,
   THE REPUBLIC OF LATVIA,
   THE REPUBLIC OF LITHUANIA,
   THE GRAND DUCHY OF LUXEMBOURG,
   THE REPUBLIC OF HUNGARY,
   MALTA,
   THE KINGDOM OF THE NETHERLANDS,
   THE REPUBLIC OF AUSTRIA,
   THE REPUBLIC OF POLAND,
   THE PORTUGUESE REPUBLIC,
   ROMANIA,
   THE REPUBLIC OF SLOVENIA,
   THE SLOVAK REPUBLIC,
   THE REPUBLIC OF FINLAND,
   THE KINGDOM OF SWEDEN,
   THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
   the Contracting parties to the Treaty on the Functioning of the European Union, hereinafter referred to as ‘Member States’,
   of the one part, and
   THE KINGDOM OF NORWAY, hereinafter referred to as ‘Norway’,
   of the other part,
   the European Union, the Member States and Norway hereinafter jointly referred to as ‘the Parties’,
   RECOGNISING Norway’s close participation in the Galileo and EGNOS programmes since the definition phases of those programmes,
   CONSCIOUS of the evolution in the governance, ownership and financing of the European GNSS Programmes by virtue of Council Regulation (EC) No 1321/2004 of 12 July 2004 on the establishment of structures for the management of the European satellite radio-navigation programmes (1), its amendments and Regulation (EC) No 683/2008 of the European Parliament and of the Council of 9 July 2008 on the further implementation of the European satellite navigation programmes (EGNOS and Galileo) (2),
   CONSIDERING the benefits of an equivalent level of protection of European GNSS and their services in the territories of the Parties,
   RECOGNISING Norway’s intention to timely adopt and enforce within its jurisdiction measures providing an equivalent degree of security and safety as those applicable in the European Union,
   RECOGNISING the obligations of the Parties under international law,
   RECOGNISING Norway’s interest in all Galileo services, including the public regulated service (PRS),
   RECOGNISING the Agreement between Norway and the European Union on security procedures for the exchange of classified information,
   DESIRING to formally establish close collaboration in all aspects of the European GNSS Programmes,
   CONSIDERING the Agreement on the European Economic Area (hereinafter referred to as ‘the EEA Agreement’) as an appropriate legal and institutional basis to develop cooperation between the European Union and Norway in satellite navigation,
   DESIRING to complement the provisions of the EEA Agreement through a bilateral agreement on satellite navigation in matters of specific relevance to Norway, the Union and its Member States,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Objective of the Agreement
   The main objective of this Agreement is to further strengthen the cooperation between the Parties by complementing the provisions of the EEA Agreement applicable to satellite navigation.
   Article 2
   Definitions
   For the purposes of this Agreement:

               (a)

               ‘European Global navigation satellite systems (GNSS)’ include the Galileo system and the European Geostationary Navigation Overlay System (EGNOS);

               (b)

               ‘Augmentation’ means regional mechanisms such as EGNOS. Those mechanisms enable users of GNSS to obtain enhanced performance, such as increased accuracy, availability, integrity and reliability;

               (c)

               ‘Galileo’ means an autonomous civil European global satellite navigation and timing system under civil control, for the provision of GNSS services designed and developed by the Union and its Member States. The operation of Galileo may be transferred to a private party.
               Galileo envisages open, commercial, safety-of-life and search and rescue services in addition to a secured PRS with restricted access to meet the needs of authorised public sector users;

               (d)

               ‘Regulatory measure’ means any law, regulation, policy, rule, procedure, decision or similar administrative action by a Party;

               (e)

               ‘Classified information’ means information, in any form, that requires protection against unauthorised disclosure, which could harm in various degrees the essential interests, including national security, of the Parties or of individual Member States. Its classification is indicated by a classification marking. Such information is classified by the Parties in accordance with applicable laws and regulations and must be protected against any loss of confidentiality, integrity and availability.

         Article 3
   Principles of the cooperation
   1.   The Parties agree to apply the following principles to cooperation activities covered by this Agreement:

               (a)

               the EEA Agreement shall be the basis for cooperation in satellite navigation between the Parties;

               (b)

               freedom to provide satellite navigation services in the territories of the Parties;

               (c)

               freedom to use all the Galileo and EGNOS services, including PRS, subject to fulfilling the conditions governing their use;

               (d)

               close cooperation in GNSS security matters through the adoption and enforcement of equivalent GNSS security measures both in the Union and Norway;

               (e)

               due respect of the international obligations of the Parties in respect of ground facilities of European GNSS.

         2.   This Agreement shall not affect the institutional structure established by European Union law for the purpose of the operations of the Galileo programme. Nor does this Agreement affect the applicable regulatory measures implementing non-proliferation commitments and export control, controls of intangible transfers of technology, or national security measures.
   Article 4
   Radio spectrum
   1.   The Parties agree to cooperate on radio-spectrum issues concerning European satellite navigation systems in the International Telecommunication Union (ITU), taking account of the Memorandum of Understanding on the Management of ITU filings of the Galileo radio-navigation satellite service system signed on 5 November 2004.
   2.   In this context the Parties shall protect adequate frequency allocations for European satellite navigation systems in order to ensure the availability of the services of these systems for the benefit of users.
   3.   Moreover, the Parties recognise the importance of protecting radio navigation spectrum from disruption and interference. To this end they shall identify sources of interference and seek mutually acceptable solutions to combat such interference.
   4.   Nothing in this Agreement shall be construed so as to derogate from the applicable provisions of the ITU, including the ITU Radio Regulations.
   Article 5
   Ground facilities of European GNSS
   1.   Norway shall take all practicable measures to facilitate the deployment, maintenance and replacement of ground facilities of European GNSS (‘ground facilities’) in the territories under its jurisdiction.
   2.   Norway shall take all practicable measures to ensure the protection and the continuous and undisturbed operation of ground facilities in its territories, including, where appropriate, by mobilising its law enforcement authorities. Norway shall take all means practicable to maintain the facilities free from local radio interference, hacking and eavesdropping attempts.
   3.   The contractual relationships regarding the ground facilities will be agreed upon between the European Commission and the holder of the property rights. The Norwegian authorities will fully respect the special status of the ground facilities and seek prior agreement with the European Commission, whenever possible, before any action concerning ground facilities is taken.
   4.   Norway shall allow continuous and unhindered access to the ground facilities to all persons designated or otherwise authorised by the European Union. For this purpose, Norway shall establish a contact point that shall receive information on persons travelling to the ground facilities and otherwise facilitate the movements and operations of such persons in practice.
   5.   The archives and equipment of the ground facilities and documents in transit, whatever their form, under official seal or marking shall not be subject to inspections by customs or police.
   6.   In the case of a threat or compromise against the security of ground facilities or their operation, Norway and the European Commission shall, without delay, inform each other of the event and steps to remedy the situation. The European Commission may designate another trusted entity to act as the contact point with Norway for such information.
   7.   The Parties will establish more detailed procedures concerning the issues in paragraphs 1 to 6 in a separate arrangement. Such procedures should cover, inter alia, clarifications concerning inspections, duties of the contact points, requirements for couriers and on measures against local radio frequency interference and hostile attempts.
   Article 6
   Security
   1.   The Parties are convinced of the need to protect Global Navigation Satellite Systems against threats such as misuse, interference, disruption and hostile acts. Consequently, the Parties shall take all practicable steps including, where appropriate, separate agreements, to ensure the continuity, safety and security of the satellite navigation services and the related infrastructure and critical assets in their territories.
   The European Commission intends to develop measures to protect, control and manage sensitive assets, information and technologies of the European GNSS Programmes against such threats and undesired proliferation.
   2.   In this context Norway confirms its intention to timely adopt and enforce, within its jurisdiction, measures providing an equivalent degree of security and safety as those applicable in the European Union.
   In recognition of this, the Parties will address GNSS security issues including accreditation in the relevant committees of the governance structure of European GNSS. The practical arrangements and procedures are to be defined in the rules of procedures of the relevant committees taking also into account the framework of the EEA Agreement.
   3.   Should an event occur where such an equivalent degree of security and safety cannot be achieved the Parties shall hold consultations with a view to remedy the situation. Where appropriate, the scope of cooperation in this sector could be adjusted accordingly.
   Article 7
   Exchanges of classified information
   1.   Exchange and protection of Union’s classified information shall be in accordance with the Agreement between the Kingdom of Norway and the European Union on security procedures for the exchange of classified information (3) signed on 22 November 2004, as well as the Implementing arrangements of that Agreement.
   2.   Norway may exchange classified information with national classification marking on Galileo with those Member States with which it has concluded bilateral agreements to that effect.
   3.   The Parties shall seek to establish a comprehensive and coherent legal framework allowing exchanges between them of classified information concerning the Galileo programme.
   Article 8
   Export control
   1.   In order to ensure the application of a uniform policy of export controls and non-proliferation concerning Galileo between the Parties, Norway confirms its intention to timely adopt and enforce, within its jurisdiction, measures providing an equivalent degree of export control and a non-proliferation of Galileo technologies, data and items as those applicable in the Union and its Member States.
   2.   Should an event occur where such an equivalent degree of export control and a non-proliferation cannot be achieved, the Parties shall hold consultations with a view to remedy the situation. Where appropriate, the scope of cooperation in this sector could be adjusted accordingly.
   Article 9
   Public regulated service
   Norway has expressed its interest in the Galileo PRS, considering it an important element of its participation in the European GNSS Programmes. The Parties agree to address this issue once the policies and operational arrangements governing access to the PRS have been defined.
   Article 10
   International cooperation
   1.   The Parties recognise the value of coordinating approaches in international standardisation and certification forums concerning global satellite navigation services. In particular, the Parties will jointly support the development of Galileo standards and promote their application worldwide, emphasising interoperability with other GNSS.
   2.   Consequently, in order to promote and implement the objectives of this Agreement, the Parties shall, as appropriate, cooperate on all GNSS matters that arise, notably in the International Civil Aviation Organisation, the International Maritime Organisation and the ITU.
   Article 11
   Consultation and dispute resolution
   The Parties shall promptly consult, at the request of any of them, on any question arising out of the interpretation or application of this Agreement. Any disputes concerning the interpretation or application of this Agreement shall be settled through consultation between the Parties.
   Article 12
   Entry into force and termination
   1.   This Agreement shall enter into force the first day of the month following that in which the Parties have notified each other of the completion of the procedures necessary for this purpose.
   Notifications shall be sent to the General Secretariat of the Council which shall be the depository of this Agreement.
   2.   The expiration or termination of this Agreement shall not affect the validity or duration of any arrangements made under it or any specific rights and obligations that have accrued in the field of intellectual property rights.
   3.   This Agreement may be amended by mutual agreement of the Parties in writing. Any amendment shall enter into force on the date of receiving the last diplomatic note informing the other Party that their respective internal procedures necessary for its entry into force have been completed.
   4.   Notwithstanding paragraph 1, Norway and the European Union, as regards elements falling within its competence, agree to apply provisionally this Agreement from the first day of the month following the date on which they have notified each other of the completion of the procedures necessary for this purpose.
   5.   Either Party may, by giving six months notice to the other in writing, terminate this Agreement.
   This Agreement is drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Norwegian languages, all texts being equally authentic.

         Voor het Koninkrijk België
         Pour le Royaume de Belgique
         Für das Königreich Belgien

         За Република България

         Za Českou republiku

         På Kongeriget Danmarks vegne

         Für die Bundesrepublik Deutschland

         Eesti Vabariigi nimel

         Thar cheann Na hÉireann
         For Ireland

         Για την Ελληνική Δημοκρατία

         Por el Reino de España

         Pour la République française

         Per la Repubblica italiana

         Για την Κυπριακή Δημοκρατία

         Latvijas Republikas vārdā

         Lietuvos Respublikos vardu

         Pour le Grande-Duché de Luxembourg

         A Magyar Köztársaság részéről

         Għal Malta

         Voor het Koninkrijk der Nederlanden

         Für die Republik Österreich

         W imieniu Rzeczypospolitej Polskiej

         Pela República Portuguesa

         Pentru România

         Za Republiko Slovenijo

         Za Slovenskú republiku

         Suomen tasavallan puolesta
         För Republiken Finland

         För Konungariket Sverige

         For the United Kingdom of Great Britain and Northern Ireland

         За Европейския съюз
         Por la Unión Europea
         Za Evropskou unii
         For Den Europæiske Union
         Für die Europäische Union
         Euroopa Liidu nimel
         Για την Ευρωπαϊκή Ένωση
         For the European Union
         Pour l'Union européenne
         Per l'Unione europea
         Eiropas Savienības vārdā
         Europos Sąjunga vardu
         Az Európai Unió részéről
         Għall-Unjoni Ewropea
         Voor de Europese Unie
         W imieniu Unii Europejskiej
         Pela União Europeia
         Pentru Uniunea Europeană
         Za Európsku úniu
         Za Evropsko unijo
         Euroopan unionin puolesta
         För Europeiska unionen

         For Kongeriket Norge

      (1)  OJ L 246, 20.7.2004, p. 1.

      (2)  OJ L 196, 24.7.2008, p. 1.

      (3)  OJ L 362, 9.12.2004, p. 29.


Avis juridique important

|

E1995C0706(01)

Authorization of State aid pursuant to Article 61 of the EEA Agreement and Article 1 (3) of Protocol 3 to the Surveillance and Court Agreement EFTA Surveillance Authority decision not to raise objections

Official Journal C 170 , 06/07/1995 P. 0007 - 0007

Authorization of State aid pursuant to Article 61 of the EEA Agreement and Article 1 (3) of Protocol 3 to the Surveillance and Court Agreement EFTA Surveillance Authority decision not to raise objections (95/C 170/06)Date of adoption: 10. 5. 1995EFTA State: NorwayAid No: 95-001Title: Aid for audio-visual production administered by the Audio-visual Production Foundation (Audiovisuelt produksjonsfond)Objective: Cultural aid to quality productions of feature film lengthLegal basis:- Parliamentary resolution No 1 (1993 to 1994)- Regulations for the Audio-visual Production Foundation of 8 November by the Ministry of Cultural Affairs- Guidelines for grants to film and television productions of 9 November by the Ministry of Cultural AffairsAid intensity: Up to 100 % of eligible project costsBudget: Budget appropriation for 1995: Nkr 48 millionDuration: IndefiniteConditions: Simplified annual report


title: Decision No 922/2009/EC of the European Parliament and of the Council of 16 September 2009 on interoperability solutions for European public administrations (ISA) (Text with EEA relevance)

text:
               3.10.2009

               EN

               Official Journal of the European Union

               L 260/20

      DECISION No 922/2009/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 16 September 2009
   on interoperability solutions for European public administrations (ISA)
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular the first paragraph of Article 156 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Having regard to the opinion of the Committee of the Regions (2),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
   Whereas:

               (1)

               In accordance with Article 154 of the Treaty, to help achieve the objectives referred to in Articles 14 and 158 thereof and to enable citizens of the European Union, economic operators and regional and local communities to derive full benefit from the setting up of an area without internal frontiers, the Community should contribute to the establishment and development of trans-European networks by means of actions to promote the interconnectivity, interoperability and accessibility of those networks.

               (2)

               The Council stressed in its conclusions of 1 December 2005 on the Commission Communication entitled ‘i2010 — A European Information Society for growth and employment’ that more focused, effective and integrated policies regarding information and communication technologies (ICT) at both European and national levels are essential to achieving the goals of economic growth and productivity. The Commission was invited to encourage the efficient use of ICT in public services through the exchange of experience and to develop common approaches on key issues such as interoperability and effective use of open standards.

               (3)

               In its resolution of 14 March 2006 on a European information society for growth and employment (4), the European Parliament called for emphasis to be given to the issues of interoperability and best practices in public-sector electronic services for citizens and businesses, with the overriding objective of facilitating the free and unimpeded movement, establishment and employment of citizens in the Member States. The European Parliament also urged Member States to implement the i2010 initiatives and programmes in the reform of their public administrations in order to provide better, more efficient and more easily accessible services to their small and medium-sized enterprises (SMEs) and their citizens.

               (4)

               In the Manchester Ministerial Declaration of 24 November 2005, the Ministers responsible for ICT policies agreed, inter alia, to work together and with the Commission to share existing tools, common specifications, standards and solutions more effectively and to encourage the collaborative development of solutions where necessary.

               (5)

               In the Lisbon Ministerial Declaration of 19 September 2007, Ministers invited the Commission, inter alia, to facilitate cooperation among Member States and the Commission to define, develop, implement and monitor cross-border and cross-sectoral interoperability, and stated that future Community legislation should, in particular, anticipate and assess the impact of that legislation on ICT infrastructures and service transformation.

               (6)

               With the rapid development of ICT, there is a risk that Member States opt for different or incompatible solutions and that new e-barriers could emerge that would impede the proper functioning of the internal market and the associated freedoms of movement. This could have negative effects on the openness and competitiveness of markets and on the delivery of some services of general interest to citizens and enterprises, whether economic or non-economic. Member States and the Commission should increase their efforts to avoid market fragmentation, achieve interoperability and promote commonly agreed ICT solutions, while ensuring the appropriate governance.

               (7)

               Citizens and enterprises would also benefit from common, reusable and interoperable solutions and interoperable administrative back-office processes, as those solutions and processes would promote the efficient and effective delivery of public services to citizens and enterprises across borders and sectors.

               (8)

               Continuous efforts are needed in order to ensure cross-border and cross-sectoral interoperability, to exchange experience, establish and maintain common and shared approaches, specifications, standards and solutions and to assess the ICT implications of Community legislation with a view to supporting efficient and effective cross-border interactions, inter alia, in the implementation of that legislation, while reducing administrative burdens and costs.

               (9)

               In order to meet these challenges, such efforts should be made through close cooperation, coordination and dialogue between the Commission and the Member States, in close interaction with the sectors responsible for the implementation of European Union policies and, where appropriate, with other stakeholders, giving due consideration to the priorities and the linguistic diversity of the European Union and to the development of common approaches on key issues such as interoperability and effective use of open standards.

               (10)

               Infrastructure services should be maintained and operated in a sustainable manner in accordance with Decision 2004/387/EC of the European Parliament and of the Council of 21 April 2004 on interoperable delivery of pan-European eGovernment services to public administrations, businesses and citizens (IDABC) (5), which requires the Commission to define mechanisms to ensure the financial and operational sustainability of infrastructure services. Such infrastructure services were agreed with Member States during the implementation of Decision No 1719/1999/EC of the European Parliament and of the Council of 12 July 1999 on a series of guidelines, including the identification of projects of common interest, for trans-European networks for the electronic interchange of data between administrations (IDA) (6) and Decision No 1720/1999/EC of the European Parliament and of the Council of 12 July 1999 adopting a series of actions and measures in order to ensure interoperability of and access to trans-European networks for the electronic interchange of data between administrations (IDA) (7) and during the implementation of the IDABC and other relevant programmes.

               (11)

               The IDABC programme comes to an end on 31 December 2009 and should be succeeded by a Community programme on interoperability solutions for European public administrations (the ISA programme) which meets the abovementioned challenges.

               (12)

               The ISA programme should be based on the experience gained from the IDA and IDABC programmes. The conclusions drawn from the evaluations of the IDABC programme, which address the relevance, efficiency, effectiveness, utility and coherence of that programme, should also be taken into account. Particular attention should also be paid to the needs expressed by the users. It has been demonstrated that a coordinated approach, by means of common and shared solutions established and operated in cooperation with Member States, can contribute to delivering faster and better quality results and to meeting administrative requirements. The activities under the IDA and IDABC programmes have already made important contributions to ensuring interoperability in support of the electronic exchange of information between European public administrations, with positive spillover effects on the single market, and are continuing to do so.

               (13)

               In order to avoid fragmentation and ensure a holistic approach, due consideration should be given to the European Interoperability Strategy and the European Interoperability Framework when priorities are set for the ISA programme.

               (14)

               Solutions established or operated under the ISA programme should be demand-driven and, as far as possible, form part of a consistent ecosystem of services facilitating interaction between European public administrations and ensuring, facilitating or enabling cross-border and cross-sectoral interoperability.

               (15)

               The ISA programme should ensure the availability of common frameworks, common services and generic tools in support of cross-border and cross-sectoral interaction between European public administrations and support sectors in assessing the ICT implications of Community legislation and in planning the implementation of relevant solutions.

               (16)

               Common frameworks should comprise, inter alia, common specifications, guidelines and methodologies and common strategies. Such frameworks should meet the requirements of existing Community legislation.

               (17)

               While ensuring the operation and improvement of existing common services established under the IDA and IDABC programmes and other similar initiatives, the ISA programme should support the establishment, industrialisation, operation and improvement of new common services in response to new needs and requirements.

               (18)

               Given the task of local and regional administrations in ensuring the effective functioning and interoperability of European public administrations, it is important that solutions take account of the needs of local and regional administrations.

               (19)

               While ensuring the improvement of existing reusable generic tools established under the IDA and IDABC programmes and other similar initiatives, the ISA programme should support the establishment, provision and improvement of new reusable generic tools in response to new needs or requirements, including those determined through an assessment of the ICT implications of Community legislation.

               (20)

               In the establishment, improvement or operation of common solutions the ISA programme should, where appropriate, build on or be accompanied by the sharing of experience and solutions and the exchange and promotion of good practices. In this context, compliance with the European Interoperability Framework and openness in standards and specifications should be promoted.

               (21)

               Solutions established or operated under the ISA programme should be based on the principle of technological neutrality and adaptability with a view also to ensuring that citizens, enterprises and administrations are free to choose the technology to be used.

               (22)

               The principles of security, privacy and protection of personal data should be applied in all activities covered by the ISA programme.

               (23)

               While the involvement of all Member States in actions under the ISA programme should be encouraged, actions initiated by a number of Member States should be possible. Member States not involved in such actions should be encouraged to join at a later stage.

               (24)

               The ISA programme should contribute to implementing any i2010 follow-on initiative, and, in order to avoid any duplication of effort, should take into consideration other Community programmes in the field of ICT, notably the ICT Policy Support Programme of the Competitiveness and Innovation Framework Programme (2007 to 2013) as provided for in Decision No 1639/2006/EC of the European Parliament and of the Council (8).

               (25)

               Interaction with the private sector and other entities has already demonstrated its efficiency and added value. Therefore, synergies with these stakeholders should be sought in order, where appropriate, to give priority to solutions available on, and sustained by, the market. In this context, the existing practice of organising conferences, workshops, and other meetings in order to interact with these stakeholders should be continued. The continued use of electronic platforms should also be promoted further. Any other appropriate means of maintaining contact with these stakeholders should likewise be used.

               (26)

               The ISA programme should be implemented in accordance with Community public procurement rules.

               (27)

               The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (9).

               (28)

               The ISA programme should be regularly monitored and evaluated in order to allow for readjustments.

               (29)

               International cooperation should be encouraged and in this respect the ISA programme should also be open to participation by the countries of the European Economic Area and candidate countries. Cooperation with other third countries and international organisations or bodies should also be encouraged, notably within the framework of the Euro-Mediterranean Partnership and Eastern Partnership and with neighbouring countries, in particular those of the Western Balkans and of the Black Sea region.

               (30)

               The possibility of using pre-accession funds to facilitate the participation of candidate countries in the ISA programme and of co-financing by the Structural Funds and the users for the use of common frameworks and generic tools established or improved by the ISA programme should be further explored.

               (31)

               In order to ensure the sound management of the financial resources of the Community and to avoid needless proliferation of equipment, repetition of investigations and divergent approaches, it should be possible to use solutions established or operated by the ISA programme in non-Community initiatives, provided that no costs are incurred for the general budget of the European Union, and the main Community objective of the solution is not compromised.

               (32)

               This Decision lays down for the multiannual programme a financial envelope which is to constitute the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (10), for the budgetary authority during the annual budgetary procedure. This envelope should also cover expenditure related to preparatory, monitoring, control, audit and evaluation measures directly required for the management of the programme and the achievement of its objectives, and in particular studies, meetings of experts, information and publication measures, expenses linked to ICT systems and networks for the exchange and processing of information, together with all other technical and administrative assistance expenditures that the Commission may incur for the management of the programme.

               (33)

               Since the objective of this Decision, namely to facilitate the efficient and effective electronic cross-border and cross-sectoral interaction between European public administrations enabling the delivery of electronic public services supporting the implementation of Community policies and activities, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the proposed action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve that objective,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   Subject matter and objective
   1.   This Decision establishes, for the period 2010-2015, a programme on interoperability solutions for European public administrations, including local and regional administrations and Community institutions and bodies, providing common and shared solutions facilitating interoperability (the ISA programme).
   2.   The objective of the ISA programme is to support cooperation between European public administrations by facilitating the efficient and effective electronic cross-border and cross-sectoral interaction between such administrations, including bodies performing public functions on their behalf, enabling the delivery of electronic public services supporting the implementation of Community policies and activities.
   Article 2
   Definitions
   For the purposes of this Decision, the following definitions shall apply:

               (a)

               ‘interoperability’ means the ability of disparate and diverse organisations to interact towards mutually beneficial and agreed common goals, involving the sharing of information and knowledge between the organisations, through the business processes they support, by means of the exchange of data between their respective ICT systems;

               (b)

               ‘solutions’ means common frameworks, common services and generic tools;

               (c)

               ‘common frameworks’ means strategies, specifications, methodologies, guidelines and similar approaches and documents;

               (d)

               ‘common services’ means operational applications and infrastructures of a generic nature which meet common user requirements across policy areas;

               (e)

               ‘generic tools’ means reference platforms, shared and collaborative platforms, common components and similar building blocks which meet common user requirements across policy areas;

               (f)

               ‘actions’ means studies, projects and accompanying measures;

               (g)

               ‘accompanying measures’ means strategic and awareness-raising measures, measures in support of the management of the ISA programme and measures in relation to the sharing of experience and the exchange and promotion of good practices.

         Article 3
   Activities
   The ISA programme shall support and promote:

               (a)

               the establishment and improvement of common frameworks in support of cross-border and cross-sectoral interoperability;

               (b)

               the assessment of the ICT implications of proposed or adopted Community legislation and planning for the introduction of ICT systems to support the implementation of such legislation;

               (c)

               the operation and improvement of existing common services and the establishment, industrialisation, operation and improvement of new common services, including the interoperability of public key infrastructures (PKI);

               (d)

               the improvement of existing reusable generic tools and the establishment, provision and improvement of new reusable generic tools.

         Article 4
   General principles
   Actions launched or continued under the ISA programme shall be based on the following principles:

               (a)

               technological neutrality and adaptability;

               (b)

               openness;

               (c)

               reusability;

               (d)

               privacy and protection of personal data; and

               (e)

               security.

         Article 5
   Actions
   1.   The Community shall, in cooperation with the Member States, implement the actions specified in the rolling work programme established under Article 9, in accordance with the implementation rules laid down in Article 8. Such actions shall be implemented by the Commission.
   2.   A study shall have one phase and be concluded by the final report.
   3.   A project shall, where appropriate, have three phases:

               (a)

               the inception phase, which leads to the establishment of the project charter;

               (b)

               the execution phase, the end of which shall be marked by the execution report; and

               (c)

               the operational phase, which starts when a solution is made available for use.

         The relevant project phases shall be defined when the action is included in the rolling work programme.
   4.   The implementation of the ISA programme shall be supported by accompanying measures.
   Article 6
   Project charter and execution report
   1.   The project charter shall comprise a description of:

               (a)

               the scope, objectives and problem or opportunity, including the expected beneficiaries and benefits of a solution and the quantitative and qualitative indicators for measuring such benefits;

               (b)

               the approach, including the organisational aspects of the project, such as phases, outputs and milestones, and measures to facilitate multilingual communication;

               (c)

               stakeholders and users, and the related governance structure;

               (d)

               details of the solution, including its coherence and dependencies in relation to other solutions, a breakdown of anticipated costs, timing and requirements and an estimate of the total costs of ownership, including, if any, the annual operational costs;

               (e)

               features of the solution; and

               (f)

               constraints, including security and data protection requirements.

         2.   The execution report shall comprise a description of:

               (a)

               the scope, objectives and problem or opportunity measured against the project charter;

               (b)

               the project effectiveness, including a measurement of achievements, incurred costs, actual timing and requirements against the project charter, an analysis of the expected return on investment and the total costs of ownership, including the annual operational costs;

               (c)

               organisational aspects, including the suitability of the applied governance structure and, where appropriate, recommendations concerning a post-execution governance structure;

               (d)

               where appropriate, the proposed plan for rolling out the solution at the operational phase and the service level indicators; and

               (e)

               the end-user and technical support material available.

         Article 7
   Solutions
   1.   Common frameworks shall be established and maintained by means of studies.
   Studies shall also serve as a means of supporting the assessment of the ICT implications of proposed or adopted Community legislation and the planning for introduction of solutions to support the implementation of such legislation.
   2.   Studies shall be published and forwarded to the European Parliament committees responsible as a basis for any future legislative amendments necessary to ensure the interoperability of the ICT systems used by European public administrations.
   3.   Generic tools shall be established and maintained by means of projects. Projects shall likewise be a means of establishing, industrialising, operating and maintaining common services.
   Article 8
   Implementation rules
   1.   In the implementation of the ISA programme due consideration shall be given to the European Interoperability Strategy and the European Interoperability Framework.
   2.   Involvement of the largest possible number of Member States in a study or project shall be encouraged. A study or project shall be open for accession at any stage, and Member States not involved in a study or project shall be encouraged to join at a later stage.
   3.   In order to ensure interoperability between national and Community systems, common frameworks, common services and generic tools shall be specified with reference to existing European standards or publicly available or open specifications for information exchange and service integration.
   4.   The establishment or improvement of solutions shall, where appropriate, build on or be accompanied by the sharing of experience and the exchange and promotion of good practices.
   5.   In order to avoid duplication and to speed up the establishment of solutions, results achieved by other relevant Community and Member State initiatives shall be taken into account, where appropriate.
   In order to maximise synergies and ensure complementary and combined efforts, actions shall, where appropriate, be coordinated with other relevant Community initiatives.
   6.   The initiation of actions, the definition of the phases of such actions and the establishment of project charters and execution reports shall be carried out and monitored by the Commission as part of the implementation of the rolling work programme established in accordance with Article 9.
   Article 9
   Rolling work programme
   1.   The Commission shall establish a rolling work programme to implement actions, for the duration of the application of this Decision.
   2.   The Commission shall approve the rolling work programme and, at least once a year, any amendment thereof.
   3.   Without prejudice to Article 10(4), the management procedure referred to in Article 12(2) shall apply in respect of the approval by the Commission of the rolling work programme and any amendments thereof.
   4.   For each action, the rolling work programme shall, where appropriate, include:

               (a)

               a description of the scope, objectives, problem or opportunity, expected beneficiaries and benefits and the organisational and technical approach;

               (b)

               a breakdown of the anticipated costs and, where appropriate, the milestones to be reached.

         5.   A project may be included in the rolling work programme in any of its phases.
   Article 10
   Budgetary provisions
   1.   Funds shall be released on the basis of the achievement of the following specific milestones:

               (a)

               for the initiation of a study, an accompanying measure or the inception phase of a project, the inclusion of the action in the rolling work programme;

               (b)

               for the initiation of the execution phase of a project, the project charter;

               (c)

               for the initiation of the subsequent operational phase of a project, the execution report.

         2.   Milestones to be reached during the execution phase and the operational phase, if any, shall be defined in the rolling work programme.
   3.   Where a project is included in the rolling work programme in its execution or operational phase, funds shall be released upon the inclusion of that project in the rolling work programme.
   4.   Amendments to the rolling work programme concerning budgetary allocations of more than EUR 400 000 per action shall be adopted in accordance with the management procedure referred to in Article 12(2).
   5.   The ISA programme shall be implemented in accordance with Community public procurement rules.
   Article 11
   Community financial contribution
   1.   The establishment and improvement of common frameworks and generic tools shall be funded fully by the ISA programme. The use of such frameworks and tools shall be financed by the users.
   2.   The establishment, industrialisation and improvement of common services shall be funded fully by the ISA programme. The operation of such services shall be funded fully by the ISA programme to the extent that their use may serve Community interests. In other cases, use of those services, including their operation on a decentralised basis, shall be financed by the users.
   3.   Accompanying measures shall be funded fully by the ISA programme.
   Article 12
   Committee
   1.   The Commission shall be assisted by the committee on Interoperability Solutions for European Public Administrations (the ISA Committee).
   2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   3.   The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.
   Article 13
   Monitoring and evaluation
   1.   The Commission shall regularly monitor the implementation of the ISA programme. It shall explore synergies with complementary Community programmes.
   The Commission shall report annually to the ISA Committee on the implementation of the ISA programme.
   2.   Solutions shall be subject to a review every two years.
   3.   The ISA programme shall be subject to an interim evaluation and a final evaluation, the results of which shall be communicated to the European Parliament and the Council by 31 December 2012 and 31 December 2015 respectively. In this context the responsible committee of the European Parliament may invite the Commission to present the evaluation results and answer questions put by its members.
   The evaluations shall examine issues such as the relevance, effectiveness, efficiency, utility, sustainability and coherence of the ISA programme’s actions and shall assess performance against the objective of the ISA programme and the rolling work programme. The final evaluation shall, in addition, examine the extent to which the ISA programme has achieved its objective.
   The evaluations shall also examine the benefits of the actions to the Community for the advancement of common policies, identify areas for potential improvement and verify synergies with other Community initiatives in the area of cross-border and cross-sectoral interoperability.
   Article 14
   Interaction with stakeholders
   The Commission shall bring together relevant stakeholders for the purposes of exchanging views among themselves and with the Commission on issues addressed by the ISA programme. To this end, the Commission shall organise conferences, workshops and other meetings. The Commission shall also make use of electronic interactive platforms and may use any other means for interaction which it considers appropriate.
   Article 15
   International cooperation
   1.   The ISA programme shall be open to participation, within the framework of their respective agreements with the Community, by the countries of the European Economic Area and the candidate countries.
   2.   Cooperation with other third countries and international organisations or bodies shall be encouraged, notably within the framework of the Euro-Mediterranean Partnership and Eastern Partnership and with neighbouring countries, in particular those of the Western Balkans and of the Black Sea region. Related costs shall not be covered by the ISA programme.
   3.   The ISA programme shall promote, where appropriate, reuse of its solutions by third countries.
   Article 16
   Non-Community initiatives
   Without prejudice to other Community policies, solutions established or operated by the ISA programme may be used by non-Community initiatives, provided that no extra costs are incurred for the general budget of the European Union and the main Community objective of the solution is not compromised.
   Article 17
   Financial provisions
   1.   The financial envelope for the implementation of the Community action under this Decision for the period from 1 January 2010 to 31 December 2015 shall be EUR 164 100 000, of which EUR 103 500 000 is for the period from 1 January 2010 until 31 December 2013.
   For the period following 31 December 2013, the amount shall be deemed to be confirmed if it is consistent for this phase with the financial framework in force for the period commencing in 2014.
   2.   The annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.
   Article 18
   Entry into force
   This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2010 until 31 December 2015.

      Done at Strasbourg, 16 September 2009.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         C. MALMSTRÖM

      (1)  Opinion of 25 February 2009 (not yet published in the Official Journal).

      (2)  OJ C 200, 25.8.2009, p. 58.

      (3)  Opinion of the European Parliament of 22 April 2009 (not yet published in the Official Journal) and Council Decision of 27 July 2009.

      (4)  OJ C 291 E, 30.11.2006, p. 133.

      (5)  OJ L 144, 30.4.2004, p. 62 (Decision located in OJ L 181, 18.5.2004, p. 25).

      (6)  OJ L 203, 3.8.1999, p. 1.

      (7)  OJ L 203, 3.8.1999, p. 9.

      (8)  OJ L 310, 9.11.2006, p. 15.

      (9)  OJ L 184, 17.7.1999, p. 23.

      (10)  OJ C 139, 14.6.2006, p. 1.


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31999D0543

1999/543/EC, ECSC, Euratom: Council Decision of 29 July 1999 extending the term of office of Mr Jürgen Trumpf as Secretary-General of the Council of the European Union

Official Journal L 209 , 07/08/1999 P. 0028 - 0028

COUNCIL DECISIONof 29 July 1999extending the term of office of Mr Jürgen Trumpf as Secretary-General of the Council of the European Union(1999/543/EC, ECSC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 207(2) thereof,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 30(2) thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 121(2) thereof,Having regard to the Council Decision of 25 July 1994 appointing Mr Jürgen Trumpf as Secretary-General of the Council of the European Union,Whereas the term of office of Mr Jürgen Trumpf as Secretary-General of the Council of the European Union expires on 31 August 1999; whereas the term of office should be extended,HAS DECIDED AS FOLLOWS:Article 1The term of office of Mr Jürgen Trumpf as Secretary-General of the Council of the European Union is hereby extended from 1 September 1999 until the last day of the month following that in which the Council appoints his successor.Article 2The abovementioned Decision of 25 July 1994 shall be amended insofar as it is contrary to this Decision.Article 3This Decision shall be notified to Mr Jürgen TRUMPF by the President of the Council.It shall be published in the Official Journal of the European Communities.Done at Brussels, 29 July 1999.For the CouncilThe PresidentS. HASSI


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32003D0285

2003/285/EC: Council Decision of 18 March 2003 concerning the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions

Official Journal L 102 , 24/04/2003 P. 0032 - 0037

Council Decisionof 18 March 2003concerning the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions(2003/285/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with Article 300(2), first subparagraph, first sentence thereof,Having regard to the proposal from the Commission,Whereas:(1) The Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part(1), provides for certain reciprocal trade concessions for certain agricultural products.(2) Article 20(5) of the Europe Agreement provides that the Community and Hungary shall examine product by product and on an orderly and reciprocal basis the possibilities of granting each other further concessions.(3) The first improvements to the preferential arrangements of the Europe Agreement with Hungary were provided for in the Protocol for the adaptation of the trade aspects of the Europe Agreement to take into account the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the results of the agricultural negotiations of the Uruguay Round, including improvements to the existing preferential arrangements, approved by Decision 1999/67/EC(2).(4) Improvements to the preferential arrangements were also provided for as a result of negotiations to liberalise agricultural trade concluded in 2000. On the Community side, these were implemented from 1 July 2000 by Regulation (EC) No 1727/2000 of 31 July 2000 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with Hungary(3). This second adjustment of the preferential arrangements has not yet been incorporated in the Europe Agreement in the form of an Additional Protocol.(5) Negotiations for further improvements to the preferential arrangements of the Europe Agreement with Hungary were concluded on 25 April 2002. The results of the negotiations have so far been implemented by the respective parties in the form of autonomous measures. On the Community side, the autonomous measures were implemented by Council Regulation (EC) No 1408/2002 of 29 July 2002 establishing concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with Hungary(4). Similar legislative measures were adopted and implemented by the Republic of Hungary.(6) The new Protocol to the Europe Agreement adjusting the trade aspects of the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part (hereinafter referred to as the Protocol) should be approved with a view to consolidating all concessions in agricultural trade between the two sides, including the results of the negotiations concluded in 2000 and 2002.(7) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(5) has codified the management rules for tariff quotas designed to be used following the chronological order of dates of customs declarations. Certain tariff quotas under this Decision should therefore be administered in accordance with those rules.(8) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(6).(9) As a result of the aforementioned negotiations, Regulation (EC) No 1408/2002 has been superseded and should therefore be repealed,HAS DECIDED AS FOLLOWS:Article 1The Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions, is hereby approved on behalf of the European Community.Article 21. The President of the Council is hereby authorised to designate the person empowered to sign the Protocol on behalf of the Community in order to bind the Community.2. The President of the Council shall, on behalf of the Community, make the notification of approval provided for in Article 4 of the Protocol.Article 3Upon this Decision taking effect, the arrangements provided for in the Annexes to the Protocol attached to this Decision shall replace those referred to in Annexes VIII and IX as referred to in Article 20(2) and 20(3), as amended, of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part.The Commission shall adopt detailed rules for the application of the Protocol in accordance with the procedure referred to in Article 5(2).Article 4The order numbers as attributed to the tariff quotas in the Annex to this Decision may be changed by the Commission in accordance with the procedure referred to in Article 5(2). Tariff quotas with an order number above 09.5100 shall be administered by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.Article 51. The Commission shall be assisted by the Management Committee for Cereals instituted by Article 23 of Regulation (EEC) No 1766/92(7) or, where appropriate, by the committee instituted by the relevant provisions of the other Regulations on the common organisation of agricultural markets.2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.3. The Committee shall adopt its rules of procedure.Article 6Regulation (EC) No 1408/2002 shall be repealed from the entry into force of the Protocol.Done at Brussels, 18 March 2003.For the CouncilThe PresidentG. Papandreou(1) OJ L 347, 31.12.1993, p. 2.(2) OJ L 28, 2.2.1999, p. 1.(3) OJ L 198, 4.8.2000, p. 6.(4) OJ L 205, 2.8.2002, p. 9.(5) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 444/2002.(6) OJ L 184, 17.7.1999, p. 23.(7) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EC) No 1666/2000 (OJ L 193, 29.7.2000, p. 1).ANNEXOrder numbers for EU tariff quotas for products originating in Hungary(as referred to in Article 4)>TABLE>