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31973D0417

73/417/EEC: Commission Decision of 31 October 1973 on the Advisory Committee on Beef and Veal

Official Journal L 355 , 24/12/1973 P. 0030 - 0031 Greek special edition: Chapter 03 Volume 10 P. 0064  Spanish special edition: Chapter 03 Volume 7 P. 0106  Portuguese special edition Chapter 03 Volume 7 P. 0106

++++ ( 1 ) OJ N 122 , 29 . 7 . 1964 , PP . 2047 TO 2049/64 .   ( 2 ) OJ N L 121 , 4 . 6 . 1970 , PP . 20 AND 21 .  COMMISSION DECISION  OF 31 OCTOBER 1973  ON THE ADVISORY COMMITTEE ON BEEF AND VEAL   ( 73/417/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  WHEREAS AN ADVISORY COMMITTEE ON BEEF AND VEAL WAS SET UP BY THE COMMISSION DECISION OF 20 JULY 1964 ( 1 ) , AS AMENDED BY THE DECISION OF 15 MAY 1970 ( 2 ) ;  WHEREAS IT IS CONSIDERED DESIRABLE , AS A RESULT OF THE ACCESSION OF NEW MEMBER STATES TO THE COMMUNITY , TO ALTER THE RULES FIXING THE NUMBER AND APPORTIONMENT OF SEATS ON THIS COMMITTEE ;  WHEREAS , MOREOVER , THE TEXT OF THE DECISION AFORESAID REQUIRES CERTAIN MINOR ALTERATIONS AND IT IS THEREFORE NECESSARY FOR THE SAKE OF CLARITY TO PRODUCE A COMPLETELY NEW VERSION OF THE TEXT ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE TEXT OF THE DECISION OF 20 JULY 1964 SETTING UP AN ADVISORY COMMITTEE ON BEEF AND VEAL IS REPLACED BY THE FOLLOWING :   " ARTICLE 1  1 . THERE SHALL BE ATTACHED TO THE COMMISSION AN ADVISORY COMMITTEE ON BEEF AND VEAL , HEREINAFTER CALLED THE " COMMITTEE " .  2 . THE COMMITTEE SHALL BE COMPOSED OF REPRESENTATIVES OF THE FOLLOWING INTERESTS : FARMERS , COOPERATIVES , THE PROCESSING AND FOOD-MANUFACTURING INDUSTRIES , TRADERS IN AGRICULTURAL PRODUCE AND FOODSTUFFS , AGRICULTURAL WORKERS AND WORKERS IN THE PROCESSING AND FOOD-MANUFACTURING INDUSTRIES , CONSUMERS .  ARTICLE 2  1 . THE COMMITTEE MAY BE CONSULTED BY THE COMMISSION ON ANY PROBLEM CONCERNING THE OPERATION OF REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKET IN BEEF AND VEAL AND IN PARTICULAR ON MEASURES TO BE ADOPTED BY THE COMMISSION UNDER THOSE REGULATIONS .  2 . THE CHAIRMAN OF THE COMMITTEE MAY INDICATE TO THE COMMISSION THE DESIRABILITY OF CONSULTING THE COMMITTEE ON ANY MATTER WITHIN THE LATTER'S COMPETENCE ON WHICH ITS OPINION HAS NOT BEEN SOUGHT . HE SHALL DO SO , IN PARTICULAR , AT THE REQUEST OF ONE OF THE INTERESTS REPRESENTED .  ARTICLE 3  1 . THE COMMITTEE SHALL CONSIST OF FORTY-FOUR MEMBERS .  2 . SEATS ON THE COMMITTEE SHALL BE APPORTIONED AS FOLLOWS :   _ FIFTEEN TO REPRESENTATIVES OF CATTLE FARMERS ,   _ SEVEN TO REPRESENTATIVES OF LIVESTOCK AND MEAT COOPERATIVES AND OF MEAT-PROCESSING COOPERATIVES ,   _ THREE TO REPRESENTATIVES OF THE MEAT AND ANIMAL FAT PROCESSING INDUSTRIES ,   _ THREE TO REPRESENTATIVES OF THE LIVESTOCK TRADE ,   _ THREE TO REPRESENTATIVES OF THE WHOLESALE MEAT TRADE ,   _ TWO TO REPRESENTATIVES OF BUTCHERS AND TRADERS IN PRESERVED MEATS ,   _ FIVE TO REPRESENTATIVES OF AGRICULTURAL WORKERS AND OF WORKERS IN THE PROCESSING AND FOOD-MANUFACTURING INDUSTRIES ,   _ SIX TO CONSUMERS' REPRESENTATIVES .  ARTICLE 4  1 . MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY THE COMMISSION ON PROPOSALS FROM THE TRADE , WORKERS' ORGANIZATIONS SET UP AT COMMUNITY LEVEL WHICH ARE MOST REPRESENTATIVE OF THE INTERESTS SPECIFIED IN ARTICLE 1 ( 2 ) AND WHOSE ACTIVITIES COME WITHIN THE SCOPE OF THE COMMON ORGANIZATION OF THE MARKET IN BEEF AND VEAL ; CONSUMERS' REPRESENTATIVES SHALL BE APPOINTED ON PROPOSALS FROM THE CONSUMERS' ADVISORY COMMITTEE .  THOSE BODIES SHALL FOR EACH SEAT TO BE FILLED PUT FORWARD THE NAMES OF TWO CANDIDATES OF DIFFERENT NATIONALITY .  2 . THE TERM OF OFFICE FOR MEMBERS OF THE COMMITTEE SHALL BE THREE YEARS . THEIR APPOINTMENTS MAY BE RENEWED . MEMBERS SHALL NOT BE REMUNERATED FOR THEIR SERVICES .  AFTER EXPIRY OF THE THREE YEARS MEMBERS OF THE COMMITTEE SHALL REMAIN IN OFFICE UNTIL THEY ARE REPLACED OR UNTIL THEIR APPOINTMENTS ARE RENEWED .  A MEMBER'S TERM OF OFFICE MAY BE TERMINATED BEFORE EXPIRY OF THE THREE YEARS BY DEATH OR RESIGNATION .  IT MAY ALSO BE TERMINATED WHERE THE BODY WHICH THE MEMBER REPRESENTS REQUESTS THAT HE BE REPLACED .  A PERSON SHALL BE APPOINTED , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN PARAGRAPH 1 , TO REPLACE SUCH MEMBER FOR THE REMAINDER OF THE TERM OF OFFICE .  3 . A LIST OF THE MEMBERS OF THE COMMITTEE SHALL BE PUBLISHED BY THE COMMISSION , FOR INFORMATION PURPOSES , IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  ARTICLE 5  THE COMMITTEE SHALL , BY A TWO-THIRDS MAJORITY OF THE MEMBERS PRESENT , ELECT A CHAIRMAN AND TWO VICE-CHAIRMEN FOR A PERIOD OF THREE YEARS .  THE COMMITTEE MAY , BY THE LIKE MAJORITY , ELECT FURTHER OFFICERS FROM AMONG THE OTHER MEMBERS . IN THAT CASE , THE OFFICERS OTHER THAN THE CHAIRMAN SHALL CONSIST AT MOST OF ONE REPRESENTATIVE OF EACH INTEREST REPRESENTED ON THE COMMITTEE .  THE OFFICERS SHALL PREPARE AND ORGANIZE THE WORK OF THE COMMITTEE .  ARTICLE 6  AT THE REQUEST OF ANY OF THE INTERESTS REPRESENTED , THE CHAIRMAN MAY INVITE A PERSON DELEGATED BY THE INTERESTS CONCERNED TO BE PRESENT AT MEETINGS OF THE COMMITTEE . HE MAY LIKEWISE ON SUCH REQUEST INVITE ANY PERSON WITH SPECIAL QUALIFICATIONS IN ANY SUBJECT ON THE AGENDA TO TAKE PART IN AN EXPERT CAPACITY IN THE DELIBERATIONS OF THE COMMITTEE . EXPERTS SHALL TAKE PART IN DISCUSSIONS ONLY OF THOSE QUESTIONS ON ACCOUNT OF WHICH THEY WERE INVITED .  ARTICLE 7  THE COMMITTEE MAY SET UP WORKING GROUPS TO ASSIST IT IN CARRYING OUT ITS WORK .  ARTICLE 8  1 . THE COMMITTEE SHALL BE CONVENED BY THE COMMISSION AND SHALL MEET AT COMMISSION HEADQUARTERS . MEETINGS OF THE OFFICERS SHALL BE CONVENED BY THE CHAIRMAN BY ARRANGEMENT WITH THE COMMISSION .  2 . REPRESENTATIVES OF THE COMMISSION DEPARTMENTS CONCERNED SHALL TAKE PART IN MEETINGS OF THE COMMITTEE , ITS OFFICERS AND WORKING GROUPS .  3 . SECRETARIAL SERVICES FOR THE COMMITTEE , ITS OFFICERS AND WORKING GROUPS SHALL BE PROVIDED BY THE COMMISSION .  ARTICLE 9  THE COMMITTEE SHALL DISCUSS MATTERS ON WHICH THE COMMISSION HAS REQUESTED AN OPINION . NO VOTE SHALL BE TAKEN .  THE COMMISSION MAY , WHEN SEEKING THE OPINION OF THE COMMITTEE , SET A TIME LIMIT WITHIN WHICH SUCH OPINION SHALL BE GIVEN .  THE VIEWS EXPRESSED BY THE VARIOUS INTERESTS REPRESENTED SHALL BE INCLUDED IN A REPORT FORWARDED TO THE COMMISSION .  IN THE EVENT OF UNANIMOUS AGREEMENT BEING REACHED IN THE COMMITTEE ON THE OPINION TO BE GIVEN , THE COMMITTEE SHALL FORMULATE JOINT CONCLUSIONS AND ATTACH THEM TO THE REPORT .  THE OUTCOME OF THE COMMITTEE'S DISCUSSIONS SHALL ON REQUEST BE COMMUNICATED BY THE COMMISSION TO THE COUNCIL AND TO THE MANAGEMENT COMMITTEES .  ARTICLE 10  WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE 214 OF THE TREATY , WHERE THE COMMISSION INFORMS THEM THAT THE OPINION REQUESTED OR THE QUESTION RAISED IS ON A MATTER OF A CONFIDENTIAL NATURE , MEMBERS OF THE COMMITTEE SHALL BE UNDER AN OBLIGATION NOT TO DISCLOSE INFORMATION WHICH HAS COME TO THEIR KNOWLEDGE THROUGH THE WORK OF THE COMMITTEE OR OF ITS WORKING GROUPS .  IN SUCH CASES , ONLY COMMITTEE MEMBERS AND REPRESENTATIVES OF THE COMMISSION DEPARTMENTS CONCERNED MAY BE PRESENT AT MEETINGS . "  ARTICLE 2  THIS DECISION SHALL ENTER INTO FORCE ON 31 OCTOBER 1973 .  DONE AT BRUSSELS , 31 OCTOBER 1973 .  FOR THE COMMISSION  THE PRESIDENT  FRANCOIS-XAVIER ORTOLI


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31982D0108

82/108/EEC: Commission Decision of 20 July 1981 on the Advisory Committee on Sugar

Official Journal L 045 , 17/02/1982 P. 0021 - 0021 Spanish special edition: Chapter 03 Volume 24 P. 0209  Portuguese special edition Chapter 03 Volume 24 P. 0209

*****COMMISSION  DECISION  of 20 July 1981  on the Advisory Committee on Sugar  (82/108/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas an Advisory Committee on Sugar was set up by the Commission Decision of 29 April 1969 (1), which was replaced by the Decision of 31 October 1973 (2), as last amended by the Decision of 29 March 1974 (3);  Whereas the number of members of the Advisory Committee should be increased now that isoglucose is covered by Regulation (EEC) No 1785/81 (4); whereas the number of members in the Joint Working Group should also be increased, to ensure balanced representation of the regions,  HAS DECIDED AS FOLLOWS:  Article 1  Article 3 of the Commission Decision of 29 April 1969 is amended to read as follows:  'Article 3  1. The Committee shall consist of 46 members.  2. Seats on the Committee shall be apportioned as follows:  (a) 17 to sugar-beet and sugar-cane growers;  (b) six to processing cooperatives in the sector;  (c) 11 to the industries producing sugar and isoglucose and to the industries using sugar, of which:  - seven to sugar manufacturers,  - one to isoglucose producers,  - one to the sugar-refining industry,  - two to the industries using sugar;  (d) two to the sugar and molasses trade;  (e) five agricultural and food-industry workers;  (f) five to consumers.'  Article 2  Article 5 (1) of the Commission Decision of 29 April 1969 is amended to read as follows:  'Article 5  1. There shall be set up under the auspices of the Committee a Joint Working Group consisting of 10 representatives of the sugar-beet and sugar-cane growers and 10 representatives of the sugar manufacturers, the members of the Joint Working Group being appointed by the Commission on proposals from the trade organizations concerned in accordance with the procedure laid down in Article 4.  Members of the Joint Working Group need not be members of the Committee.'  Article 3  This Decision shall enter into force on 20 July 1981.  Done at Brussels, 20 July 1981.  For the Commission  The President  Gaston THORN  (1) OJ No L 122, 22. 5. 1969, p. 2.  (2) OJ No L 355, 24. 12. 1973, p. 43.  (3) OJ No L 221, 12. 8. 1974, p. 19.  (4) OJ No L 177, 1. 7. 1981, p. 4.


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32000D0706

2000/706/EC: Council Decision of 7 November 2000 concerning the conclusion, on behalf of the Community, of the Convention for the Protection of the Rhine

Official Journal L 289 , 16/11/2000 P. 0030 - 0030

Council Decisionof 7 November 2000concerning the conclusion, on behalf of the Community, of the Convention for the Protection of the Rhine(2000/706/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 175(1) and the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3),Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(1),Whereas:(1) By Decision 77/586/EEC(2), the Community concluded the Convention for the Protection of the Rhine against chemical pollution and the Additional Agreement to the Agreement, signed in Berne on 29 April 1963, concerning the International Commission for the Protection of the Rhine against Pollution.(2) At the 25th meeting of the Coordinating Group of the International Commission for the Protection of the Rhine, the riparian States considered it necessary to provide for a new Convention for the Protection of the Rhine and to open negotiations to that end.(3) The European Commission, acting on behalf of the Community, took part in these negotiations in accordance with the negotiating directives given by the Council and these negotiations were completed in January 1998.(4) In the light of the outcome of these negotiations, the Council decided in March 1999 that the Community would sign the new Convention for the Protection of the Rhine, subject to its subsequent conclusion, and authorised this signing on behalf of the Community. The new Convention for the Protection of the Rhine was signed on 12 April 1999 in Berne (Switzerland),HAS DECIDED AS FOLLOWS:Article 1The Convention for the Protection of the Rhine is hereby approved on behalf of the Community.The text of the Convention is attached to this Decision.Article 2The President of the Council is authorised to designate the person or persons empowered to deposit the instrument of approval with the Government of the Swiss Confederation in accordance with Article 17 of the Convention.Done at Brussels, 7 November 2000.For the CouncilThe PresidentD. Voynet(1) Opinion delivered on 17 May 2000 (not yet published in the Official Journal).(2) OJ L 240, 19.9.1977, p. 35.


title: Decision of the European Parliament of 5 May 2010 on discharge in respect of the implementation of the budget of the European Environment Agency for the financial year 2008

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/151

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on discharge in respect of the implementation of the budget of the European Environment Agency for the financial year 2008
   (2010/522/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Environment Agency for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European Environment Agency for the financial year 2008, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (3), and in particular Article 13 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0092/2010),

               1.

               Grants the Executive Director of the European Environment Agency discharge in respect of the implementation of the Agency’s budget for the financial year 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 Executive Director of the European Environment Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 304, 15.12.2009, p. 60.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

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

               25.9.2010

               EN

               Official Journal of the European Union

               L 252/152

         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 budget of the European Environment Agency for the financial year 2008
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Environment Agency for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European Environment Agency for the financial year 2008, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (3), and in particular Article 13 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0092/2010),

               A.

               whereas the Court of Auditors states that it has obtained reasonable assurances that the annual accounts for the financial year 2008 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas on 23 April 2009, Parliament granted the Executive Director of the European Environment Agency discharge for implementation of the Agency’s budget for the financial year 2007 (5) and in its resolution accompanying the discharge Parliament noted, inter alia, deficiencies in the management of grant agreements with European topic centres and called on the Agency to fully comply with the procurement rules,

               1.

               Notes that the operating revenues of the Agency for the year 2008 amounted to EUR 37 100 000, including the Community subsidy of EUR 31 700 000; points out that this figure is over EUR 2 000 000 less than the corresponding figure in the general budget 2007; is satisfied with the overall implementation of commitment and payment appropriations;

               2.

               Emphasises the role played by the Agency in evaluating the implementation of EU environmental legislation both within the Union and in neighbouring countries;

      Performance

               3.

               Takes note of the very positive main findings included in the external evaluation of the EU decentralised agencies commissioned by the Commission in 2009; in particular, congratulates the Agency on having built up a well-developed activity-based management system, a multiannual work programme, a balanced scorecard with indicators, and an integrated management control system, all of which contribute to efficient management of the Agency;

               4.

               Notes that another independent external evaluation of the Agency’s 2004-2008 five-year strategy has also revealed its effectiveness in meeting its goals and satisfying its beneficiaries;

               5.

               Calls on the Agency to continue providing on a regular basis (i.e. every five years) an independent external evaluation on the basis of its founding regulation and the work programmes adopted by the Management Board; calls on the Agency, therefore, to inform the discharge authority of developments in the next external evaluation, for the period 2009-2013;

               6.

               Calls on the Agency to set out, in a table to be annexed to the Court of Auditors’ next report, a comparison of operations carried out during the year for which discharge is to be granted and in the previous financial year, so as to enable the discharge authority to assess its performance from one year to the next more effectively;

               7.

               Takes note of the Court of Auditors’ comment concerning the grant agreements going through the Agency, calling for more clarification of the time charged for by partners; points out that, in order to mitigate the risk of unjustified payments, clearer instructions should be given to the beneficiaries for rate calculations and a clear link should be established between costs charged and costs estimated in the implementation plans;

      Lease

               8.

               Notes the Court of Auditors’ observation that a tendering procedure should have been launched for the contract for refitting the premises rented by the Agency instead of paying the costs of a firm chosen by the building’s owners;

      Internal audit

               9.

               Acknowledges that the Agency has implemented nine recommendations out of 27 recommended by the Internal Audit Service (IAS) since 2006; notes that, of the 17 which are still not implemented, five are considered to be ‘very important’ and affect the management of grants (as regards establishing financial circuits, promoting on-the-spot controls/verifications of grants, and monitoring and following up grant implementation) and the implementation of the internal control standards (as regards determining sensitive functions and improving the accounting system);

               10.

               Refers for other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 5 May 2010 (6) on the performance, financial management and control of the agencies.

      (1)  OJ C 304, 15.12.2009, p. 60.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

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

      (5)  OJ L 255, 26.9.2009, p. 180.

      (6)  Texts adopted, P7_TA(2010)0139. See page 241 of this Official Journal.


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31995D0226

95/226/EC: European Parliament Decision of 5 April 1995 giving discharge to the Commission in respect of the financial management of the sixth European Development Fund for the 1993 financial year

Official Journal L 141 , 24/06/1995 P. 0080 - 0080

EUROPEAN PARLIAMENT DECISION of 5 April 1995 giving discharge to the Commission in respect of the financial management of the sixth European Development Fund for the 1993 financial year (95/226/EC) THE EUROPEAN PARLIAMENT,- having regard to the EC Treaty,- having regard to the third ACP-EEC Convention (1),- having regard to the balance sheets and revenue and expenditure accounts of the fifth, sixth and seventh European Development Funds for the 1993 financial year (COM(94) 0365),- having regard to the report of the Court of Auditors concerning the 1993 financial year and the replies of the institutions (2),- having regard to special report 2/94 of the Court of Auditors on the import programmes carried out under the sixth European Development Fund (EDF), together with the Commission's replies (3),- having regard to the Council recommendation of 20 March 1995 (C4-0102/95),- having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (A4-0060/95),1. Gives discharge to the Commission in respect of the financial management of the sixth European Development Fund for the 1993 financial year on the basis of the following amounts (4):>TABLE>2. Records its observations in the resolution which forms part of this Decision;3. Instructs its President to forward this Decision and the resolution containing its observations to the Commission, the Council, the Court of Auditors and European Investment Bank and to have them published in the Official Journal of the European Communities (L series).The Secretary-GeneralEnrico VINCIThe PresidentKlaus HÄNSCH(1) OJ No L 86, 31. 3. 1986.(2) OJ No C 327, 24. 11. 1994.(3) OJ No C 97, 6. 4. 1994.(4) The figures proposed for discharge in the EDF accounts contain an error for the sixth EDF. The figures used here are corrected accordingly on the basis of the detailed accounts.RESOLUTION containing the observations which form part of the Decisions giving discharge to the Commission in respect of the financial management of the fifth, sixth and seventh European Development Funds for the 1993 financial year THE EUROPEAN PARLIAMENT,- having regard to Articles 137 and 206 of the EC Treaty,- having regard to Articles 70, 73 and 77 of the Financial Regulations applicable respectively to the fifth, sixth and seventh European Development Funds (EDFs), under which the Commission is required to take all appropriate steps to act on the observations appearing in discharge Decisions,- having regard to the forthcoming review of the Lomé Convention and the establishment of the eighth European Development Fund,- having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (A4-0060/95),General 1. Endorses the basic concept of the EDFs as multilateral development funds, this being the most effective and equitable method for the provisions of long-term structural development aid; notes in this context that the current provisions for the financing of the EDFs do not correspond to this concept, and will not do so until the funds are incorporated within the Community budget;Budgetary implementation 2. Continues to be concerned at the slow implementation rate of the EDFs particularly in the field of traditional, project-based aid programmes jointly managed with ACP countries;3. Calls on the Commission to introduce provisions allowing appropriations under national or regional indicative programmes, which remain unused for defined lengths of time following their transfer to subsequent EDFs, to be re-allocated to non-programmable aid programmes;Administration and management 4. Asks the Commission to review all Financial Regulations applying to the EDFs and, following the budgetization of the EDFs, of the general Community Financial Regulation, to adapt their provisions more closely to the circumstances of the implementation of the EDFs;5. Calls on the Commission to report to the Parliament in its report on the follow-up to the present discharge Decisions on all the changes made to its EDF financial management and accounting systems as a result of the observations of the Court of Auditors in its 1993 annual report (1);6. Calls on the Commission, within the context of a process of management decentralization, to delegate decision-making powers and responsibility for defined aspects of financial management to its delegations in ACP countries; asks the Commission in this connection to review its staffing policy in the delegations, and, in any event, to ensure that they are fully staffed;7. Calls on the Commission, the European Investment Bank and the Court of Auditors to cooperate in carrying out regular and frequent on-the-spot audit checks of operations managed under mandate by the European Investment Bank (EIB);8. Asks the Court of Auditors to give summary details of all on-the-spot audit visits carried out in preparation of its annual report on EDF expenditure as an annex to the relevant chapter in the annual report;9. Acknowledges and welcomes the efforts made by the Commission since 1993 to improve its financial management and accounting systems for the EDF and the progress thus made;10. Recognizes that the Court of Auditors has discovered a certain number of discrepancies in the EDF accounts and notes that the Commission has acknowledged these; expects these errors to be corrected in the 1994 accounts, the legality and regularity of which the Court of Auditors will for the first time be required to certify in its Statement of Assurance;Structural adjustment 11. Stresses the importance of the respect for democratic practice as a precondition for the provision of assistance under the Structural Adjustment Facility, and the crucial importance of the Community taking all possible action to alleviate the serious adverse social consequences caused by structural reforms;12. Finds that counterpart funds created under the sixth EDF are not being used in accordance with the Community's stated priorities for the health and education sectors; asks the Commission, in spite of the notable improvements visible in this context in the seventh EDF, to bring to bear its influence with ACP Governments to ensure that the health and eduction sectors are suitably funded by the counterpart funds;13. Asks the Commission to provide the European Parliament, by 30 September 1995, with a report giving an evaluation of the results achieved so far by the Structural Adjustment Facility, and by the counterpart funds generated by it, including details of the criteria used to carry out that evaluation;14. Asks the Court of Auditors to include in the relevant chapter of its next annual report an evaluation of the results achieved so far by the Structural Adjustment Facility, including details of the criteria used to carry out that evaluation;Stabex 15. Expresses its concern over the continuing impasse between the Commission and the ACP States over the question of Stabex finance; asks the Commission to ensure that the ACP States respect their obligations relating to the mutual obligation frameworks; also asks the Commission thoroughly to review the entire operation of the Stabex system within the context of the new EDFs;EDF finance for UN operations 16. Reaffirms its insistence that EDF funds must only be applied for purposes for which there is a clear legal basis in the Lomé Conventions.(1) OJ No C 327, 24. 11. 1994.


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31994D0202

94/202/EC: Commission Decision of 9 March 1994 accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of silicon carbide originating in the People's Republic of China, Norway, Poland and the former USSR and terminating the proceeding against imports originating in Norway and several republics previously part of the former USSR

Official Journal L 094 , 13/04/1994 P. 0032 - 0033 Finnish special edition: Chapter 11 Volume 29 P. 0307  Swedish special edition: Chapter 11 Volume 29 P. 0307

COMMISSION DECISION of 9 March 1994 accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of silicon carbide originating in the People's Republic of China, Norway, Poland and the former USSR and  terminating the proceeding against imports originating in Norway and several republics previously part of the former USSR (94/202/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Community,  Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 9 and 10 thereof,  After consultations within the Advisory Committee,  Whereas:  (1) The Commission announced by a notice in the Official Journal of the European Communities (2) the initiation of a review of measures in force in respect of imports into the Community of silicon carbide originating in the People's Republic of China,  Norway, Poland and the former USSR. For the findings of this review investigation, the Commission refers to Council Regulation (EC) No 821/94 (3).  (2) After all exporters concerned were notified of the results of the investigation, the Russian Government, in conjunction with the State-trading organization, V/O Stankoimport, offered undertakings in aacordance with Article 10 of Regulation (EEC) No  2423/88 (hereinafter referred to as 'the basic Regulation').  (3) The effect of these undertakings would be to reduce the volume of Russian silicon carbide exported to the Community, to a non-injurious level. Furthermore, the Commission is of the opinion that sufficient guarantees have been given that the Russian  Government, in conjunction with V/O Stankoimport, would be able to monitor exports of Russian silicon carbide to the Community. In view of this, the Commission considers that the undertakings offered are acceptable and that the investigation concerning  V/O Stankoimport may be terminated without the imposition of an anti-dumping duty.  (4) The investigation concerning imports of silicon carbide originating in Norway has revealed that the expiry of the measures in place against Norwegian producers would not lead to injury or threat of injury and that, in addition, Norwegian producers  have not been found selling this product at dumped prices on the Community market.  In these circumstances, it is considered that protective measures against imports of silicon carbide originating in Norway are unnecessary and that the proceeding against imports from Norway should therefore be terminated in accordance with Article 9  (1) of the basic Regulation.  (5) The investigation has further revealed that, with the exception of the Russian Federation and Ukraine, silicon carbide is not produced in and exported from the other Republics previously part of the former USSR. The proceeding against these  Republics should therefore also be terminated in accordance with Article 9 (1) of the basic Regulation.  (6) When the Advisory Committee was consulted on the acceptance of the undertakings offered, some objections were raised. Therefore, in accordance with Article 9 (1) and 10 (1) of the basic Regulation, the Commission sent a report to the Council on the  result of the consultations and a proposal for the acceptance of the undertakings. As the Council has not decided otherwise within one month, the present Decision should stand adopted,  HAS DECIDED AS FOLLOWS:   Article 1  The undertaking offered by the government of the Russian Federation, in conjunction with V/O Stankoimport, Moscow, Russia, in relation to the review of anti-dumping measures on imports of silicon carbide originating in the People's Republic  of China, Norway, Poland and the former USSR are hereby accepted.   Article 2  The proceeding concerning imports of silicon carbide originating in Norway, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Taijikistan, Turkmenistan and Uzbekistan, is hereby terminated.  Done at Brussels, 9 March 1994.  For the Commission Leon BRITTAN Member of the Commission  (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No C 279, 26. 10. 1991, p. 11.  (3) See page 21 of this Official Journal.


title: 2011/834/EU: Commission Decision of 13 December 2011 terminating the anti-subsidy proceeding concerning imports of certain polyethylene terephthalate originating in Oman and Saudi Arabia

text:
               14.12.2011

               EN

               Official Journal of the European Union

               L 330/43

         COMMISSION DECISION
   of 13 December 2011
   terminating the anti-subsidy proceeding concerning imports of certain polyethylene terephthalate originating in Oman and Saudi Arabia
   (2011/834/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (1) (the basic Regulation) and in particular Article 14 thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   PROCEDURE

               (1)

               On 3 January 2011, the European Commission (Commission) received a complaint concerning the alleged subsidisation of certain polyethylene terephthalate (PET) originating in Oman and Saudi Arabia (the countries concerned), thereby causing injury to the Union Industry.

               (2)

               The complaint was lodged by the Committee of Polyethylene Terephthalate (PET) Manufacturers in Europe (CPME) (the complainant) on behalf of producers representing a major proportion, in this case more than 50 %, of the total Union production of certain PET pursuant to Article 10 of the basic Regulation.

               (3)

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

               (4)

               Prior to the initiation of the proceeding and in accordance with Article 10(7) of the basic Regulation, the Commission notified the governments of Oman and Saudi Arabia that it had received a properly documented complaint alleging that subsidised imports of certain PET originating in Oman and Saudi Arabia were causing material injury to the Union Industry. The governments of Oman and Saudi Arabia were separately invited for consultations with the aim of clarifying the situation as regards the content of the complaint and arriving at a mutually agreed solution. During the consultations no mutually agreed solution was found.

               (5)

               The Commission, after consultation of the Advisory Committee, by a notice published in the Official Journal of the European Union
                   (2) on 16 February 2011, initiated an anti-subsidy proceeding concerning imports into the European Union of certain PET originating in Oman and Saudi Arabia.

               (6)

               On the same day, the Commission initiated an anti-dumping proceeding concerning imports into the Union of certain PET originating in the countries concerned (3).

               (7)

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

               (8)

               All interested parties who so requested and showed that there were particular reasons why they should be heard were granted a hearing.

         B.   WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING

               (9)

               By a letter of 12 October 2011 to the Commission, the CPME formally withdrew its complaint.

               (10)

               In accordance with Article 14(1) of the basic Regulation, the proceeding may be terminated where the complaint is withdrawn, unless such termination would not be in the Union interest.

               (11)

               In this respect it is noted that Commission did not identify any reason to indicate that termination would not be in the Union interest, nor was any such reason raised by interested parties. Therefore, the Commission considered that the present proceeding should be terminated. Interested parties were informed accordingly and were given the opportunity to comment.

               (12)

               Some interested parties expressed support for the termination of the proceeding. Other interested parties, although supporting the termination of the proceeding, requested a disclosure of the findings of the investigation.

               (13)

               It is noted in this regard that the Commission did not reach a conclusion on its findings and is therefore not in a position to disclose data gathered prior to the withdrawal of the complaint.

               (14)

               In view of the above, it is concluded that there are no compelling reasons against terminating this proceeding.

               (15)

               The Commission therefore concludes that the anti-subsidy proceeding concerning imports into the Union of certain polyethylene terephthalate (PET) originating in Oman and Saudi Arabia should be terminated,

         HAS ADOPTED THIS DECISION:
   Article 1
   The anti-subsidy proceeding concerning imports of polyethylene terephthalate having a viscosity number of 78 ml/g or higher, according to the ISO Standard 1628-5, originating in Oman and Saudi Arabia, currently falling within CN code 3907 60 20, is hereby terminated.
   Article 2
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 13 December 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 188, 18.7.2009, p. 93.

      (2)  OJ C 49, 16.2.2011, p. 21.

      (3)  OJ C 49, 16.2.2011, p. 16.


title: Council Decision (CFSP) 2017/300 of 17 February 2017 extending the mandate of the European Union Special Representative for the Horn of Africa

text:
               21.2.2017

               EN

               Official Journal of the European Union

               L 43/219

         COUNCIL DECISION (CFSP) 2017/300
   of 17 February 2017
   extending the mandate of the European Union Special Representative for the Horn of Africa
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 33 and Article 31(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 8 December 2011, the Council adopted Decision 2011/819/CFSP (1) appointing Mr Alexander RONDOS as the European Union Special Representative (EUSR) for the Horn of Africa. The EUSR's mandate is to expire on 28 February 2017.

               (2)

               The EUSR's mandate should be extended for a further period of 16 months.

               (3)

               The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   1.   The mandate of Mr Alexander RONDOS as the EUSR for the Horn of Africa is extended until 30 June 2018. The Council may decide that the mandate of the EUSR be terminated earlier, based on an assessment by the Political and Security Committee (PSC) and a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR).
   2.   For the purposes of the EUSR's mandate, the Horn of Africa is defined as comprising the Republic of Djibouti, the State of Eritrea, the Federal Democratic Republic of Ethiopia, the Republic of Kenya, the Federal Republic of Somalia, the Republic of the Sudan, the Republic of South Sudan and the Republic of Uganda. For issues with broader regional implications, the EUSR shall engage with countries and regional entities beyond the Horn of Africa, as appropriate.
   Article 2
   Policy objectives
   1.   The EUSR's mandate shall be based on the Union's policy objectives in relation to the Horn of Africa, as set out in its Strategic Framework adopted on 14 November 2011, the Horn of Africa Regional Action Plan 2015-2020, adopted on 26 October 2015, and in relevant Council conclusions, namely to contribute actively to regional and international efforts to achieve peaceful coexistence and lasting peace, security and development within and among the countries in the region. The EUSR shall furthermore contribute to enhancing the quality, intensity, impact and visibility of the Union's multi-faceted engagement in the Horn of Africa.
   2.   The policy objectives to which the EUSR shall contribute shall include, inter alia:

               (a)

               the continued stabilisation of the Horn of Africa, taking into account broader regional dynamics;

               (b)

               the resolution of conflicts, specifically those in Somalia, South Sudan and Sudan, and the prevention and early warning of potential conflicts between or within countries in the region;

               (c)

               support for political, security and economic regional cooperation.

               (d)

               improved management of mixed migration flows from and within the Horn of Africa, addressing also the root causes of such flows.

         Article 3
   Mandate
   1.   In order to achieve the Union's policy objectives in relation to the Horn of Africa, the EUSR's mandate shall be to:

               (a)

               on the basis of the Strategic Framework and its Regional Action Plan, engage with all relevant stakeholders in the region, governments, regional authorities, international and regional organisations, civil society and diasporas, with a view to furthering the Union's objectives, and contribute to a better understanding of the role of the Union in the region;

               (b)

               engage with major actors outside the region with influence within the Horn of Africa, in the interests of tackling issues of broader regional stability, including with regard to the Red Sea, to the Western Indian Ocean and to African Mission in Somalia (Amisom) financing. Those contacts shall include bilateral engagement with the United States of America, the countries of the Gulf, Egypt, Turkey and China, regional contacts with the Gulf Cooperation Council (GCC), and interaction with other relevant actors as they emerge;

               (c)

               represent the Union in relevant international fora, as appropriate, and ensure visibility for Union support to crisis management, as well as conflict resolution and prevention;

               (d)

               encourage and support effective political and security cooperation and economic integration in the region through the Union's partnership with the African Union (AU) and regional organisations, in particular the Intergovernmental Authority on Development (IGAD);

               (e)

               follow political developments in the region and contribute to the development of the Union's policy towards the region, including in relation to Eritrea, Ethiopia, Somalia, Sudan, South Sudan, the Djibouti-Eritrea border dispute, the Ethiopia-Eritrea border dispute, implementation of the Algiers Agreement, the Nile Basin initiative, and other concerns in the region that impact on its security, stability and prosperity;

               (f)

               with regard to Somalia, and working in close coordination with the Head of the Union Delegation to Somalia and relevant regional and international partners, including the United Nations (UN) Secretary-General Special Representative for Somalia, the AU and IGAD, continue to contribute actively to actions and initiatives leading to further stabilisation for Somalia, support a new partnership agreement building on the achievements of the New Deal Compact of 2013 and the finalisation of the federal state-formation process, and facilitate a political transition after the completion of the electoral process. In addition, the EUSR shall continue to support the development of the security sector in Somalia, including through the Union's CSDP missions deployed in the region, and to work towards enhanced coordination of international donors to support security sector in Somalia, in close consultation with Member States;

               (g)

               with regard to Sudan, and working in close cooperation with the Heads of the Union Delegations in Khartoum and to the AU in Addis Ababa, contribute to the coherence and effectiveness of the Union's policy towards Sudan and support political solutions to the ongoing conflicts in Darfur, Southern Kordofan and Blue Nile, and national reconciliation through a holistic political process. In this regard, the EUSR shall contribute to a coherent international approach with the AU and in particular the AU High Level Implementation Panel for Sudan and South Sudan (AUHIP), the UN and other leading regional and international stakeholders, keeping in mind also the need to support the peaceful coexistence of Sudan and South Sudan, in particular through implementation of the Addis Agreements and resolution of the outstanding issues following the Comprehensive Peace Agreement;

               (h)

               with regard to South Sudan, building on the Agreement on the Resolution of the Conflict in South Sudan (Arciss), continue to engage at a regional level, particularly with the UN, the AU, IGAD, South Sudan's neighbours and other leading international partners, to ensure implementation of the agreement and the prevention of further conflict. In this regard the EUSR shall work in close cooperation with the Heads of the Union Delegations in Juba and to the AU in Addis Ababa;

               (i)

               examine trans-boundary challenges, in particular on migration and, upon request, engage in dialogues on migration with relevant stakeholders and contribute more generally to the Union's policy on migration and refugees with respect to the region, in line with the Union's political priorities, in order to increase cooperation, including on return and readmission;

               (j)

               follow closely other trans-boundary challenges affecting the Horn of Africa, with a focus on radicalisation and terrorism, but looking also at maritime security and piracy, organised crime, smuggling and trafficking of weapons, wildlife products, drugs and other contraband, and any political and security consequences of humanitarian crises;

               (k)

               promote humanitarian access throughout the region;

               (l)

               contribute to the implementation of Council Decision 2011/168/CFSP (2) and the Union's human rights policy, in cooperation with the EUSR for Human Rights, including the EU Guidelines on human rights, in particular the EU Guidelines on children and armed conflict as well as the EU Guidelines on violence against women and girls and combating all forms of discrimination against them, and the Union's policy regarding UN Security Council Resolution 1325 (2000), including by monitoring and reporting on developments as well as formulating recommendations in this regard.

         2.   For the purpose of the fulfilment of the mandate, the EUSR shall, inter alia:

               (a)

               advise and report on the definition of Union positions in international fora, as appropriate, in order to promote proactively the Union's comprehensive policy approach towards the Horn of Africa;

               (b)

               maintain an overview of all activities of the Union.

         Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR.
   2.   The PSC shall maintain a privileged link with the EUSR and shall be the EUSR's primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
   3.   The EUSR shall work in close coordination with the European External Action Service (EEAS) and its relevant departments, as well as with the relevant Union delegations in the region and the Commission.
   4.   The EUSR shall be primarily based in the region while ensuring a regular presence at EEAS headquarters.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the EUSR's mandate for the period from 1 March 2017 to 30 June 2018 shall be EUR 3 400 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   Within the limits of the EUSR's mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team. The team shall include the expertise on specific policy and security issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly and regularly informed of the composition of his team.
   2.   Member States, the institutions of the Union and the EEAS may propose the secondment of staff to work with the EUSR. The salary of such seconded personnel shall be covered by the sending Member State, the sending institution of the Union or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to work with the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State, the sending institution of the Union or the EEAS, respectively, and shall carry out their duties and act in the interest of the EUSR's mandate.
   4.   The EUSR staff shall be co-located within the relevant EEAS departments or the Union delegations in order to contribute to the coherence and consistency of their respective activities.
   Article 7
   Privileges and immunities of the EUSR and the EUSR's staff
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the EUSR's mission and the members of the EUSR's staff shall be agreed with the host countries, as appropriate. Member States and the EEAS shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   The EUSR and the members of EUSR's team shall respect the security principles and minimum standards established by Council Decision 2013/488/EU (3).
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission, the EEAS and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegations in the region and/or the Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   In accordance with the Union's policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in accordance with the EUSR's mandate and the security situation in the area of responsibility, for the security of all personnel under the EUSR's direct authority, in particular by:

               (a)

               establishing a specific security plan based on guidance from the EEAS, including specific physical, organisational and procedural security measures, governing the management of the secure movement of personnel to and within the area of responsibility, as well as management of security incidents, and providing for a contingency and evacuation plan;

               (b)

               ensuring that all personnel deployed outside the Union are covered by high-risk insurance, as required by the conditions in the area of responsibility;

               (c)

               ensuring that all members of the EUSR's team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the area of responsibility, based on the risk ratings assigned to that area by the EEAS;

               (d)

               ensuring that all agreed recommendations made following regular security assessments are implemented and providing the Council, the HR, and the Commission with written reports on their implementation and on other security issues within the framework of the progress report and the report on the implementation of the mandate.

         Article 11
   Reporting
   1.   The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report to Council working parties, as necessary. Regular reports shall be circulated through the COREU network. The EUSR may provide the Foreign Affairs Council with reports. In accordance with Article 36 of the Treaty, the EUSR may be involved in briefing the European Parliament.
   2.   The EUSR shall report on the best way of pursuing Union initiatives, such as the contribution of the Union to reforms, and including the political aspects of relevant Union development projects, in coordination with the Union delegations in the region.
   Article 12
   Coordination
   1.   The EUSR shall contribute to the unity, consistency and effectiveness of the Union's actions and shall help ensure that all Union instruments and Member States' actions are engaged consistently, to attain the Union's policy objectives. The activities of the EUSR shall be coordinated with those of the relevant Union delegations and of the Commission. The EUSR shall provide regular briefings to Member States' missions and the Union delegations in the region.
   2.   In the field, close liaison shall be maintained with the relevant Heads of Member State's missions and of the Union delegations. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR, in close coordination with the relevant Union delegations, shall provide local political guidance to the Force Commander of EUNAVFOR Atalanta, the Mission Commander of EUTM Somalia and the Head of Mission of EUCAP Somalia. The EUSR, the EU Operation Commanders and the Civilian Operations Commander shall consult each other as required.
   3.   The EUSR shall closely cooperate with the authorities of the countries involved, the UN, the AU, IGAD, other national, regional and international stakeholders, and also with civil society in the region.
   Article 13
   Assistance in relation to claims
   The EUSR and the EUSR's staff shall assist in providing elements to respond to any claims and obligations arising from the mandates of the previous EUSRs in Sudan and South Sudan, and shall provide administrative assistance and access to relevant files for such purposes.
   Article 14
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the Council, the HR and the Commission with a progress report by 30 September 2017 and a comprehensive mandate implementation report by 31 March 2018.
   Article 15
   Entry into force
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 17 February 2017.

            For the Council

            The President

         E. BARTOLO

      (1)  Council Decision 2011/819/CFSP of 8 December 2011 appointing the European Union Special Representative for the Horn of Africa (OJ L 327, 9.12.2011, p. 62).

      (2)  Council Decision 2011/168/CFSP of 21 March 2011 on the International Criminal Court and repealing Common Position 2003/444/CFSP (OJ L 76, 22.3.2011, p. 56).

      (3)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).


title: Council Decision of 6 March 1978 replacing a member of the Advisory Committee of the Euratom Supply Agency

text:
No L 72/ 14                         Official Journal of the European Communities                   14. 3 . 78
                                                   COUNCIL DECISION
                                                      of 6 March 1978
              replacing a member of the Advisory Committee of the Euratom Supply Agency
                                                      (78/265/ Euratom)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
            Having regard to the Statutes of the Euratom Supply Agency ('), as amended by Decision
            73/45/ Euratom (2), and in particular Article X thereof,
            Having regard to the Council Decision of 29 March 1977 replacing the members of the
            Advisory Committee of the Euratom Supply Agency,
            Having regard to the opinion of the Commission ,
            Whereas a seat has become vacant on the Advisory Committee of the Euratom Supply
            Agency following the resignation of Mr W. C. F. Butler, and the Government of the
            United Kingdom has proposed that he be replaced by Mrs A. S. Gittelson,
            HAS DECIDED AS FOLLOWS :
                                                          Article 1
            Mrs A. S. Gittelson is hereby appointed a member of the Advisory Committee of the
            Euratom Supply Agency in place of Mr W. C. F. Butler, who has resigned, for the
            remainder of the latter's term of office, which runs until 28 March 1979 .
                                                          Article 2
            This appointment shall take effect on the date of this Decision .
            Done at Brussels , 6 March 1978 .
                                                                        For the Council
                                                                         The President
                                                                         P. DALSAGER
            (') OJ No 27, 6 . 12. 1958 , p. 534/ 58 .
            (2 ) OJ No L 83 , 30 . 3 . 1973 , p. 20 .


title: Council Decision 2008/633/JHA of 23 June 2008 concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences

text:
               13.8.2008

               EN

               Official Journal of the European Union

               L 218/129

      COUNCIL DECISION 2008/633/JHA
   of 23 June 2008
   concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 30(1)(b) and Article 34(2)(c) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament,
   Whereas:

               (1)

               Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) (1) established the VIS as a system for the exchange of visa data between Member States. The establishment of the VIS represents one of the key initiatives within the policies of the European Union aimed at establishing an area of freedom, security and justice. The VIS should have the purpose of improving the implementation of the common visa policy and should also contribute towards internal security and to combating terrorism under clearly defined and monitored circumstances.

               (2)

               During its meeting of 7 March 2005 the Council adopted conclusions stating that ‘in order to achieve fully the aim of improving internal security and the fight against terrorism’, Member State authorities responsible for internal security should be guaranteed access to the VIS, ‘in the course of their duties in relation to the prevention, detection and investigation of criminal offences, including terrorist acts and threats’, ‘subject to strict compliance with the rules governing the protection of personal data’.

               (3)

               It is essential in the fight against terrorism and other serious crimes for the relevant services to have the fullest and most up-to-date information in their respective fields. The Member States' competent national services need information if they are to perform their tasks. The information contained in the VIS may be necessary for the purposes of preventing and combating terrorism and serious crimes and should therefore be available, subject to the conditions set out in this Decision, for consultation by the designated authorities.

               (4)

               Moreover, the European Council has stated that Europol has a key role with respect to cooperation between Member States' authorities in the field of cross-border crime investigation in supporting Union-wide crime prevention, analyses and investigation. Consequently, Europol should also have access to VIS data within the framework of its tasks and in accordance with the Convention of 26 July 1995 on the Establishment of a European Police Office (2).

               (5)

               This Decision complements Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on 7 stay-visas (VIS Regulation) (3) insofar as it provides for a legal base under Title VI of the Treaty on European Union authorising access to the VIS for designated authorities and for Europol.

               (6)

               It is necessary to designate the competent Member States' authorities as well as the central access points through which access is done and to keep a list of the operating units within the designated authorities that are authorised to access the VIS for the specific purposes of the prevention, detection and investigation of terrorist offences and other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (4). It is essential to ensure that the duly empowered staff with a right to access the VIS is limited to those who ‘have a need to know’ and possess appropriate knowledge about data security and data protection rules.

               (7)

               Requests for access to the VIS should be made by the operating units within the designated authorities to the central access points. These central access points should then process the requests for access to the VIS following a verification whether all conditions for access are fulfilled. In an exceptional case of urgency the central access points should process the request immediately and only do the verification afterwards.

               (8)

               For the purposes of protection of personal data, and in particular to exclude routine access, the processing of VIS data should only be on a case-by-case basis. Such a specific case exists in particular when the access for consultation is connected to a specific event or to a danger associated with serious crime, or to (a) specific person(s) in respect of whom there are serious grounds for believing that the person(s) will commit or has (have) committed terrorist offences or other serious criminal offences or that the person(s) has (have) a relevant connection with such (a) person(s). The designated authorities and Europol should thus only search data contained in the VIS when they have reasonable grounds to believe that such a search will provide information that will substantially assist them in preventing, detecting or investigating serious crime.

               (9)

               Once the proposed Framework Decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters has entered into force it should apply to the personal data which are processed pursuant to this Decision. However, until the rules set out in that Framework Decision are applicable and in order to supplement them, adequate provisions have to be provided for to ensure the necessary data protection. Each Member State should ensure an adequate data protection level in its national law which at least corresponds to that resulting from the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data and the corresponding case law pursuant to Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and, for those Member States which have ratified it, the Additional Protocol of 8 November 2001 to that Convention, and should take into account Recommendation No R (87) 15 of 17 September 1987 of the Committee of Ministers of the Council of Europe Regulating the Use of Personal Data in the Police Sector.

               (10)

               The effective monitoring of the application of this Decision should be evaluated at regular intervals.

               (11)

               Since the objectives of this Decision, namely the creation of obligations and conditions for access for consultation of VIS data by Member States' designated authorities and by Europol, cannot be sufficiently achieved by the Member States and can, therefore, by reason of the scale and effects of the action, be better achieved at the level of the European Union, the Council may adopt measures in accordance with the principle of subsidiarity, referred to in Article 2 of the Treaty on European Union and defined in Article 5 of the Treaty establishing the European Community. 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 those objectives.

               (12)

               In accordance with Article 47 of the Treaty on European Union, this Decision does not affect the competences of the European Community, in particular as exercised in Regulation (EC) No 767/2008 and in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (5).

               (13)

               This Decision constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
                   (6). The United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

               (14)

               This Decision constitutes a development of provisions of the Schengen acquis in which Ireland does not take part in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis
                   (7). Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.

               (15)

               However, in accordance with Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (8), information contained in the VIS can be provided to the United Kingdom and Ireland by the competent authorities of the Member States whose designated authorities have access to the VIS pursuant to this Decision. Information held in the national visa registers of the United Kingdom and Ireland can be provided to the competent law enforcement authorities of the other Member States. Any form of direct access for central authorities of the United Kingdom and Ireland to the VIS would, under the present state of their participation in the Schengen acquis, require an agreement between the Community and those Member States, possibly to be supplemented by other rules specifying the conditions and procedures for such access.

               (16)

               As regards Iceland and Norway, this Decision constitutes, with the exception of Article 7, a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis
                   (9) which fall within the area referred to in Article 1, point B of Council Decision 1999/437/EC (10) on certain arrangements for the application of that Agreement.

               (17)

               As regards Switzerland, this Decision constitutes, with the exception of Article 7, a development of the provisions of the Schengen acquis within the meaning of the Agreement signed by the European Union, the European Community and the Swiss Confederation concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, point B of Decision 1999/437/EC read in conjunction with Article 4(1) of Council Decision 2004/849/EC (11).

               (18)

               This Decision, save Article 6, constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession and Article 4(2) of the 2005 Act of Accession.

               (19)

               This Decision respects the fundamental rights and observes the principles reflected in particular in the Charter of Fundamental Rights of the European Union,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Subject matter and scope
   This Decision lays down the conditions under which Member States' designated authorities and the European Police Office (Europol) may obtain access for consultation of the Visa Information System (VIS) for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences.
   Article 2
   Definitions
   1.   For the purposes of this Decision, the following definitions shall apply:

               (a)

               ‘Visa Information System (VIS)’ means the Visa Information System as established by Decision 2004/512/EC;

               (b)

               ‘Europol’ means the European Police Office as established by the Convention of 26 July 1995 on the Establishment of a European Police Office (the Europol Convention);

               (c)

               ‘terrorist offences’ means the offences under national law which correspond or are equivalent to the offences in Articles 1 to 4 of Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (12);

               (d)

               ‘serious criminal offences’ means the forms of crime which correspond or are equivalent to those referred to in Article 2(2) of Framework Decision 2002/584/JHA;

               (e)

               ‘designated authorities’ means authorities which are responsible for the prevention, detection or investigation of terrorist offences or of other serious criminal offences and designated by the Member States pursuant to Article 3.

         2.   The definitions in Regulation (EC) No 767/2008 shall also apply.
   Article 3
   Designated authorities and central access points
   1.   Member States shall designate the authorities referred to in Article 2(1)(e) which are authorised to access VIS data pursuant to this Decision.
   2.   Every Member State shall keep a list of the designated authorities. By 2 December 2008 every Member State shall notify in a declaration to the Commission and the General Secretariat of the Council their designated authorities and may at any time amend or replace its declaration by another declaration.
   3.   Every Member State shall designate the central access point(s) through which the access is done. Member States may designate more than one central access point to reflect their organisational and administrative structure in fulfilment of their constitutional or legal requirements. By 2 December 2008 every Member State shall notify in a declaration to the Commission and the General Secretariat of the Council their central access point(s) and may at any time amend or replace its declaration by another declaration.
   4.   The Commission shall publish the declarations referred to in paragraphs 2 and 3 in the Official Journal of the European Union.

   5.   At national level, each Member State shall keep a list of the operating units within the designated authorities that are authorised to access the VIS through the central access point(s).
   6.   Only duly empowered staff of the operational units as well as the central access point(s) shall be authorised to access the VIS in accordance with Article 4.
   Article 4
   Procedure for access to the VIS
   1.   Where the conditions of Article 5 are fulfilled the operating units referred to in Article 3(5) shall submit a reasoned written or electronic request to the central access points referred to in Article 3(3) to access the VIS. Upon receipt of a request for access the central access point(s) shall verify whether the conditions for access referred to in Article 5 are fulfilled. If all conditions for access are fulfilled, the duly authorised staff of the central access point(s) shall process the requests. The VIS data accessed shall be transmitted to the operating units referred to in Article 3(5) in such a way as not to compromise the security of the data.
   2.   In an exceptional case of urgency, the central access point(s) may receive written, electronic or oral requests. In such cases, the central access point(s) shall process the request immediately and only verify ex-post whether all the conditions of Article 5 are fulfilled, including whether an exceptional case of urgency existed. The ex-post verification shall take place without undue delay after the processing of the request.
   Article 5
   Conditions for access to VIS data by designated authorities of Member States
   1.   Access to the VIS for consultation by designated authorities shall take place within the scope of their powers and if the following conditions are met:

               (a)

               access for consultation must be necessary for the purpose of the prevention, detection or investigation of terrorist offences or other serious criminal offences;

               (b)

               access for consultation must be necessary in a specific case;

               (c)

               there are reasonable grounds to consider that consultation of VIS data will substantially contribute to the prevention, detection or investigation of any of the criminal offences in question.

         2.   Consultation of the VIS shall be limited to searching with any of the following VIS data in the application file:

               (a)

               surname, surname at birth (former surname(s)); first name(s); sex; date, place and country of birth;

               (b)

               current nationality and nationality at birth;

               (c)

               type and number of the travel document, the authority which issued it and the date of issue and of expiry;

               (d)

               main destination and duration of the intended stay;

               (e)

               purpose of travel;

               (f)

               intended date of arrival and departure;

               (g)

               intended border of first entry or transit route;

               (h)

               residence;

               (i)

               fingerprints;

               (j)

               type of visa and the number of the visa sticker;

               (k)

               details of the person issuing an invitation and/or liable to pay the applicant's subsistence costs during the stay.

         3.   Consultation of the VIS shall, in the event of a hit, give access to all of the data listed in paragraph 2 as well as to:

               (a)

               any other data taken from the application form;

               (b)

               photographs;

               (c)

               the data entered in respect of any visa issued, refused, annulled, revoked or extended.

         Article 6
   Conditions for access to VIS data by designated authorities of a Member State in respect of which Regulation (EC) No 767/2008 has not yet been put into effect
   1.   Access to the VIS for consultation by designated authorities of a Member State in respect of which Regulation (EC) No 767/2008 has not yet been put into effect shall take place within the scope of their powers and

               (a)

               subject to the same conditions as referred to in Article 5(1); and

               (b)

               by a duly motivated written or electronic request to a designated authority of a Member State to which Regulation (EC) No 767/2008 applies; that authority shall then request the national central access point(s) to consult the VIS.

         2.   A Member State in respect of which Regulation (EC) No 767/2008 has not yet been put into effect shall make its visa information available to Member States to which Regulation (EC) No 767/2008 applies, on the basis of a duly reasoned written or electronic request, subject to compliance with the conditions laid down in Article 5(1).
   3.   Article 8(1) and (3) to (6), Article 9(1), Article 10(1) and (3), Article 12, Article 13(1) and (3) shall apply accordingly.
   Article 7
   Conditions for access to VIS data by Europol
   1.   Access to the VIS for consultation by Europol shall take place within the limits of its mandate and:

               (a)

               when necessary for the performance of its tasks pursuant to Article 3(1), point 2 of the Europol Convention and for the purposes of a specific analysis as referred to in Article 10 of the Europol Convention; or

               (b)

               when necessary for the performance of its tasks pursuant to Article 3(1), point 2 of the Europol Convention and for an analysis of a general nature and of a strategic type, as referred to in Article 10 of the Europol Convention, provided that VIS data is rendered anonymous by Europol prior to such processing and retained in a form in which identification of the data subjects is no longer possible.

         2.   Article 5(2) and (3) shall apply accordingly.
   3.   Europol shall designate a specialised unit for the purpose of this Decision with duly empowered Europol officials to act as the central access point to access the VIS for consultation.
   4.   Processing of information obtained by Europol from access to the VIS shall be subject to the consent of the Member State which has entered that data in the VIS. Such consent shall be obtained via the Europol national unit of that Member State.
   Article 8
   Protection of personal data
   1.   The processing of personal data consulted under this Decision shall be subject to the following rules and to the national law of the consulting Member State. With regard to the processing of personal data consulted under this Decision, each Member State shall ensure an adequate data protection level in its national law which at least corresponds to that resulting from the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data and, for those Member States which have ratified it, the Additional Protocol of 8 November 2001 to that Convention, and shall take into account Recommendation No R (87)15 of 17 September 1987 of the Committee of Ministers of the Council of Europe Regulating the Use of Personal Data in the Police Sector.
   2.   The processing of personal data by Europol pursuant to this Decision shall be in accordance with the Europol Convention and the rules adopted in implementation thereof and supervised by the independent joint supervisory body established by Article 24 of the Convention.
   3.   Personal data obtained pursuant to this Decision from the VIS shall only be processed for the purposes of the prevention, detection, investigation and prosecution of terrorist offences or other serious criminal offences.
   4.   Personal data obtained pursuant to this Decision from the VIS shall not be transferred or made available to a third country or to an international organisation. However, in an exceptional case of urgency such data may be transferred or made available to a third country or an international organisation, exclusively for the purposes of the prevention and detection of terrorist offences and of other serious criminal offences and under the conditions set out in Article 5(1) of this Decision, subject to the consent of the Member State having entered the data into the VIS and in accordance with the national law of the Member State transferring the data or making them available. In accordance with national law, Member States shall ensure that records are kept of such transfers and make them available to national data protection authorities on request. The transfer of data by the Member State that entered the data in the VIS according to Regulation (EC) No 767/2008 shall be subject to the national law of that Member State.
   5.   The competent body or bodies which, in accordance with national law, are charged with the supervision of the processing of personal data by the authorities designated under this Decision shall monitor the lawfulness of the processing of personal data pursuant to this Decision. The Member States shall ensure that these bodies have sufficient resources to fulfil the tasks entrusted to them under this Decision.
   6.   The bodies referred to in paragraph 5 shall ensure that at least every four years an audit of the processing of personal data pursuant to this Decision is carried out, where applicable according to international auditing standards.
   7.   Member States and Europol shall allow the competent body or bodies referred to in paragraphs 2 and 5 to obtain the necessary information to enable them to carry out their tasks in accordance with this Article.
   8.   Before being authorised to process data stored in the VIS, the staff of the authorities having a right to access the VIS shall receive appropriate training about data security and data protection rules and shall be informed of any relevant criminal offences and penalties.
   Article 9
   Data security
   1.   The Member State responsible shall ensure the security of the data during transmission to the designated authorities and when received by them.
   2.   Each Member State shall adopt the necessary security measures with respect to data to be retrieved from the VIS pursuant to this Decision and to be subsequently stored, in particular in order to:

               (a)

               physically protect data, including by making contingency plans for the protection of critical infrastructure;

               (b)

               deny unauthorised persons access to national installations in which the Member State stores data (checks at entrance to the installation);

               (c)

               prevent the unauthorised reading, copying, modification or removal of data media (data media control);

               (d)

               prevent the unauthorised inspection, modification or deletion of stored personal data (storage control);

               (e)

               prevent the unauthorised processing of data from the VIS (control of data processing);

               (f)

               ensure that persons authorised to access the VIS have access only to the data covered by their access authorisation, by means of individual and unique user identities and confidential access modes only (data access control);

               (g)

               ensure that all authorities with a right of access to the VIS create profiles describing the functions and responsibilities of persons who are authorised to access and search the data and make these profiles available to the national supervisory authorities referred to in Article 8(5) without delay upon their request (personnel profiles);

               (h)

               ensure that it is possible to verify and establish to which bodies personal data may be transmitted using data communication equipment (communication control);

               (i)

               ensure that it is possible to verify and establish what data has been retrieved from the VIS, when, by whom and for what purpose (control of data recording);

               (j)

               prevent the unauthorised reading and copying of personal data during their transmission from the VIS, in particular by means of appropriate encryption techniques (transport control);

               (k)

               monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Decision (self-auditing).

         Article 10
   Liability
   1.   Any person who, or Member State which, has suffered damage as a result of an unlawful processing operation or any act incompatible with this Decision shall be entitled to receive compensation from the Member State which is responsible for the damage suffered. That Member State shall be exempted from its liability, in whole or in part, if it proves that it is not responsible for the event giving rise to the damage.
   2.   If any failure of a Member State to comply with its obligations under this Decision causes damage to the VIS, that Member State shall be held liable for such damage, unless and insofar as another Member State failed to take reasonable measures to prevent the damage from occurring or to minimise its impact.
   3.   Claims for compensation against a Member State for the damage referred to in paragraphs 1 and 2 shall be governed by the provisions of national law of the defendant Member State.
   Article 11
   Self-monitoring
   Member States shall ensure that each authority entitled to access VIS data takes the measures necessary to comply with this Decision and cooperates, where necessary, with the national body or bodies referred to in Article 8(5).
   Article 12
   Penalties
   Member States shall take the necessary measures to ensure that any use of VIS data contrary to the provisions of this Decision is punishable by penalties, including administrative and/or criminal penalties, that are effective, proportionate and dissuasive.
   Article 13
   Keeping of VIS data in national files
   1.   Data retrieved from the VIS may be kept in national files only when necessary in an individual case in accordance with the purposes set out in this Decision and in accordance with the relevant legal provisions including those concerning data protection and for no longer than necessary in the individual case.
   2.   Paragraph 1 shall not prejudice the provisions of national law of a Member State concerning the entry by its designated authorities in their national files of data which that Member State entered in the VIS according to Regulation (EC) No 767/2008.
   3.   Any use of data which does not comply with paragraphs 1 and 2 shall be considered a misuse under the national law of each Member State.
   Article 14
   Right of access, correction and deletion
   1.   The right of persons to have access to data relating to them obtained from the VIS pursuant to this Decision shall be exercised in accordance with the law of the Member State in which they invoke that right.
   2.   If national law so provides, the national supervisory authority shall decide whether information is to be communicated and by what procedures.
   3.   A Member State other than that which has entered the data into the VIS according to Regulation (EC) No 767/2008 may communicate information concerning such data only if it first gives the Member State entering the data an opportunity to state its position.
   4.   Information shall not be communicated to the data subject if this is indispensable for the performance of a lawful task in connection with the data or for the protection of the rights and freedoms of third parties.
   5.   Any person has the right to have factually inaccurate data relating to him corrected or unlawfully stored data relating to him deleted. If the designated authorities receive such a request or if they have any other evidence to suggest that data processed in the VIS is inaccurate they shall immediately inform the visa authority of the Member State which has entered the data in the VIS, which shall check the data concerned and, if necessary, correct or delete it immediately, pursuant to Article 24 of Regulation (EC) No 767/2008.
   6.   The individual concerned shall be informed as soon as possible and in any event not later than 60 days from the date on which he applies for access or sooner if national law so provides.
   7.   The individual concerned shall be informed about the follow-up given to the exercise of his rights of correction and deletion as soon as possible and in any event not later than three months from the date on which he applies for correction or deletion or sooner if national law so provides.
   8.   In each Member State any person shall have the right to bring an action or a complaint before the competent authorities or courts of that Member State which refused the right of access to or the right of correction or deletion of data relating to him, provided for in this Article.
   Article 15
   Costs
   Each Member State and Europol shall set up and maintain, at their expense, the technical infrastructure necessary to implement this Decision, and be responsible for bearing the costs resulting from access to the VIS for the purposes of this Decision.
   Article 16
   Keeping of records
   1.   Each Member State and Europol shall ensure that all data processing operations resulting from access to the VIS for consultation pursuant to this Decision are recorded for the purposes of checking whether the search is admissible or not, for the purpose of monitoring the lawfulness of data processing, for self-monitoring, ensuring the proper functioning of the system, data integrity and security.
   Those records shall show:

               (a)

               the exact purpose of the access for consultation referred to in Article 5(1)(a), including the form of terrorist offence or other serious criminal offence concerned, and for Europol, the exact purpose of the access for consultation referred to in Article 7(1);

               (b)

               the respective national file reference;

               (c)

               the date and exact time of access;

               (d)

               where applicable that use has been made of the procedure referred to in Article 4(2);

               (e)

               the data used for consultation;

               (f)

               the type of data consulted;

               (g)

               according to national rules or the rules of the Europol Convention the identifying mark of the official who carried out the search and of the official who ordered the search or supply.

         2.   Records containing personal data shall be used only for the data protection monitoring of the legality of data processing as well as to ensure data security. Only records containing data of a non-personal nature may be used for the monitoring and evaluation referred to in Article 17.
   3.   These records shall be protected by appropriate measures against unauthorised access and abuse and deleted after a period of one year after the retention period referred to in Article 23(1) of Regulation (EC) No 767/2008 has expired, unless they are required for monitoring procedures referred to in paragraph 2 of this Article which have already begun.
   Article 17
   Monitoring and evaluation
   1.   The Management Authority referred to in Regulation (EC) No 767/2008 shall ensure that systems are in place to monitor the functioning of the VIS pursuant to this Decision against objectives, in terms of output, cost-effectiveness, security and quality of service.
   2.   For the purpose of technical maintenance, the Management Authority shall have access to the necessary information relating to the processing operations performed in the VIS.
   3.   Two years after the VIS is brought into operation and every two years thereafter, the Management Authority shall submit a report to the European Parliament, the Council and the Commission on the technical functioning of the VIS pursuant to this Decision. That report shall include information on the performance of the VIS against quantitative indicators predefined by the Commission, and in particular on the need and use made of Article 4(2).
   4.   Three years after the VIS is brought into operation and every four years thereafter, the Commission shall produce an overall evaluation of the VIS pursuant to this Decision. This evaluation shall include an examination of the results achieved against objectives and an assessment of the continuing validity of the underlying rationale behind this Decision, the application of this Decision in respect of the VIS, the security of the VIS and any implications for future operations. The Commission shall transmit the evaluation reports to the European Parliament and the Council.
   5.   The Member States and Europol shall provide to the Management Authority and the Commission the information necessary to draft the reports referred to in paragraph 3 and 4. This information shall not jeopardise working methods nor include information that reveals sources, staff members or investigations of the designated authorities.
   6.   The Management Authority shall provide the Commission with the information necessary to produce the overall evaluations referred to in paragraph 4.
   7.   During the transitional period before the Management Authority takes up its responsibilities, the Commission shall be responsible for producing and submitting the reports referred to in paragraph 3.
   Article 18
   Entry into force and date of application
   1.   This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   2.   This Decision shall take effect from a date to be determined by the Council once the Commission has informed the Council that Regulation (EC) No 767/2008 has entered into force and is fully applicable.

      The General Secretariat of the Council shall publish that date in the Official Journal of the European Union.

      Done at Luxembourg, 23 June 2008.

            For the Council

            The President

         I. JARC

      (1)  OJ L 213, 15.6.2004, p. 5.

      (2)  OJ C 316, 27.11.1995, p. 2. Convention as last amended by the Protocol amending that Convention (OJ C 2, 6.1.2004, p. 3).

      (3)  See page 60 of this Official Journal.

      (4)  OJ L 190, 18.7.2002, p. 1.

      (5)  OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

      (6)  OJ L 131, 1.6.2000, p. 43.

      (7)  OJ L 64, 7.3.2002, p. 20.

      (8)  OJ L 386, 18.12.2006, p. 89.

      (9)  OJ L 176, 10.7.1999, p. 36.

      (10)  OJ L 176, 10.7.1999, p. 31.

      (11)  Decision 2004/849/EC of 25 October 2004 on the signing, on behalf of the European Union, and on the provisional application of certain provisions of the Agreement between the European Union, the European Community and the Swiss Confederation concerning the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 368, 15.12.2004, p. 26).

      (12)  OJ L 164, 22.6.2002, p. 3.