title: 2006/361/EC: Commission Decision of  19 May 2006  terminating the anti-subsidy proceeding concerning imports of certain plastic sacks and bags originating in Malaysia and Thailand

text:
               20.5.2006

               EN

               Official Journal of the European Union

               L 134/43

      COMMISSION DECISION

   of 19 May 2006
   terminating the anti-subsidy proceeding concerning imports of certain plastic sacks and bags originating in Malaysia and Thailand
   (2006/361/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 2026/97 (1) (‘the basic Regulation’), and in particular Article 14 thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   PROCEDURE

               (1)

               On 30 June 2005, the Commission announced, by a notice published in the Official Journal of the European Union
                   (2), the initiation of an anti-subsidy proceeding with regard to imports into the Community of certain plastic sacks and bags containing at least 20 % of polyethylene and of a thickness not exceeding 100 micrometers originating in Malaysia and Thailand, normally declared within CN codes ex 3923 21 00, ex 3923 29 10 and ex 3923 29 90.

               (2)

               On the same day, the Commission announced the initiation of an anti-dumping investigation with regard to imports of certain plastic sacks and bags containing at least 20 % of polyethylene and of a thickness not exceeding 100 micrometers originating in the People’s Republic of China, Malaysia and Thailand.

               (3)

               The anti-subsidy proceeding was initiated, pursuant to Article 10 of the basic Regulation, following a complaint lodged on 18 May 2005 by thirty European producers of certain plastic sacks and bags (‘the complainants’) representing more than 25 % of the Community production of these sacks and bags. The complaint contained prima facie evidence of the existence of subsidisation of the said product and of material injury resulting there from, which was considered sufficient to justify the initiation of a proceeding.

               (4)

               The Commission officially advised the authorities of Malaysia and Thailand, the exporting producers in Malaysia and Thailand, importers/traders and their associations, and users known to be concerned, the representatives of the exporting countries concerned and the complainants of the initiation of the proceeding. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time-limit set in the notice of initiation.

         B.   WITHDRAWAL OF THE COMPLAINT

               (5)

               By a letter of 10 February 2006 to the Commission’s services, the complainants formally withdrew their complaint.

               (6)

               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 Community interest.

               (7)

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

               (8)

               Given the above, the Commission concludes that the anti-subsidy proceeding concerning imports of certain plastic sacks and bags originating in Malaysia and Thailand into the Community should be terminated without the imposition of countervailing measures.

               (9)

               The measures provided for in this Decision are in accordance with the opinion of the Advisory Committee,

         HAS ADOPTED THIS DECISION:
   Sole Article
   The anti-subsidy proceeding concerning imports of certain plastic sacks and bags containing at least 20 % of polyethylene and of a thickness not exceeding 100 micrometers originating in Malaysia and Thailand is hereby terminated.

      Done at Brussels, 19 May 2006.

            For the Commission

         Peter MANDELSON

            Member of the Commission

      (1)  OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

      (2)  OJ C 159, 30.6.2005, p. 15.


Avis juridique important

|

31980D0659

80/659/EEC, Euratom, ECSC: Decision of the European Parliament of 23 May 1980 on the discharge to be granted to the Commission of the European Communities in respect of the utilization of the appropriations of the fourth European Development Fund for the 1978 financial year

Official Journal L 180 , 14/07/1980 P. 0018

++++DECISION OF THE EUROPEAN PARLIAMENT  OF 23 MAY 1980  ON THE DISCHARGE TO BE GRANTED TO THE COMMISSION OF THE EUROPEAN COMMUNITIES IN RESPECT OF THE UTILIZATION OF THE APPROPRIATIONS OF THE FOURTH EUROPEAN DEVELOPMENT FUND FOR THE 1978 FINANCIAL YEAR   ( 80/659/EEC , EURATOM , ECSC )  THE EUROPEAN PARLIAMENT ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 206B THEREOF ,  HAVING REGARD TO THE ACP-EEC CONVENTION OF LOME ,  HAVING REGARD TO THE INTERNAL AGREEMENT ON THE FINANCING AND ADMINISTRATION OF COMMUNITY AID ,  HAVING REGARD TO THE REVENUE AND EXPENDITURE ACCOUNT , THE BALANCE SHEET AND THE REPORT ON THE ACTIVITIES OF THE FOURTH EUROPEAN DEVELOPMENT FUND ( DOC . 1-138/80 ) ,  HAVING REGARD TO THE REPORT OF THE COURT OF AUDITORS ON THE ACCOUNTS FOR THE 1978 FINANCIAL YEAR AND THE ANSWERS OF THE INSTITUTIONS TO THE REPORT ( DOC . 1-567/79 ) ,  HAVING REGARD TO THE REPORT OF THE COMMITTEE ON BUDGETARY CONTROL AND THE OPINION OF THE COMMITTEE ON DEVELOPMENT AND COOPERATION ( DOC . 1-150/80 ) AND ANNEXES ,  1 . GRANTS A DISCHARGE TO THE COMMISSION IN RESPECT OF THE FOLLOWING AMOUNTS SHOWN IN THE REVENUE AND EXPENDITURE ACCOUNTS FOR THE 1978 FINANCIAL YEAR :   - REVENUE : AMOUNTING TO 147 300 535,89 EUA ,   - EXPENDITURE ( PAYMENTS ) : AMOUNTING TO 319 791 308,98 EUA ;  2 . INSTRUCTS ITS PRESIDENT TO COMMUNICATE THIS DECISION TO THE COMMISSION , TO FORWARD IT TO THE OTHER INSTITUTIONS AND TO ARRANGE FOR ITS PUBLICATION IN THE " L " SERIES OF THE OFFICIAL JOURNAL .  STRASBOURG , 23 MAY 1980 .  THE SECRETARY-GENERAL  H . -J . OPITZ  THE PRESIDENT  SIMONE VEIL


Avis juridique important

|

32001B0447

2001/447/EC: Decision of the European Parliament of 4 April 2001 concerning discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions (Dublin Foundation) in respect of the implementation of its budget for the 1999 financial year

Official Journal L 160 , 15/06/2001 P. 0032 - 0034

Decision of the European Parliamentof 4 April 2001concerning discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions (Dublin Foundation) in respect of the implementation of its budget for the 1999 financial year(2001/447/EC)THE EUROPEAN PARLIAMENT,Having regard to the report of the Court of Auditors on the financial statements and management of the European Foundation for the Improvement of Living and Working Conditions (Dublin-Foundation) for the financial year ended 31 December 1999 (C5-0686/2000)(1),Having regard to the Council Recommendation of 12 March 2001 (C5-0127/2001),Having regard to the EC Treaty and in particular Article 276 thereof,Having regard to Rule 93 and Annex V of its Rules of Procedure,Having regard to the report of the Committee on Budgetary Control (A5-0108/2001),Whereas:A. The Dublin Foundation pursues its mission "to contribute to the planning and establishment of better working conditions through action designed to increase and disseminate knowledge likely to assist this development" by following six mid-term research priorities, namely, in the areas of employment practice, worker participation, equal opportunities, social cohesion, health and well-being and sustainable development.B. There appears to be a certain degree of overlap between the work of the Foundation and the activities of the European Agency for Safety and Health at Work in Bilbao; takes note of the memorandum of understanding between both agencies.C. In accordance with the Code of Conduct of 14 July 1998, the Committee on Employment and Social Affairs is charged with monitoring the Dublin Foundation which received an annual subsidy of EUR 14,5 million and the Bilbao Agency which received an annual subsidy of EUR 6,5 million.D. Parliament gave discharge to the Administrative Board of the Foundation on 13 April 2000(2) for the 1998 financial year calling on:(i) the Foundation to present the results of its evaluation exercise and new strategy and action plan for 2001 to 2004 before 31 December 2000;(ii) the Court of Auditors to follow up systematically the decisions of the discharge authority and to produce a comprehensive analysis of the audits of all Agencies;(iii) the Foundation and Court of Auditors to reduce the duration of the contradictory procedure to ensure that the annual report can be presented to Parliament before 15 July of the year following the financial year in question.E. The Foundation did not complete the evaluation exercise before the adoption of its four-year programme for 2001 to 2004.F. The Court of Auditors has tended to conduct financial rather than performance appraisals, has not carried out a comprehensive analysis of the results of all Agency audits and has not reduced the length of the contradictory procedure in order to allow Parliament to take its findings into consideration before voting on the budget for the subsequent year.G. The Court of Auditors has obtained reasonable assurance that the annual accounts for the financial year ended 31 December 1999 are reliable and the underlying transactions are, as a whole, legal and regular, subject to a reservation on the carry-over of commitments,1. Notes the following figures for the accounts of the European Foundation for the Improvement of Living and Working Conditions:1999 financial year>TABLE>Dublin Foundation2. Calls on the Foundation to carry out an external evaluation, for the first time since its creation on 26 May 1975 by Council Regulation (EEC) No 1365/75 on the creation of the European Foundation for the improvement of living and working conditions(3); calls for the presentation of an action plan, in the light of the evaluation, before the end of 2001; requests that the evaluation assess how key stakeholders, including the Parliament, Commission, Member States, industry and academia, rate the Foundation; requests that the evaluation includes an assessment of the impact of the Foundation's activities;3. Calls for an evaluation to assess the existing cooperation between the agencies and to analyse the advantages/disadvantages of a merger between the European Foundation for the Improvement of Living and Working Conditions and the European Agency for Safety and Health at Work; however, before the Commission examines any possible merger between the European Foundation for the Improvement of Living and Working Conditions and the European Agency for Safety and Health at Work, it should analyse the conclusions and proposals which will be contained in the external evaluations of the two agencies, work which is scheduled to begin in mid-April 2001;4. Welcomes the introduction of the SI2 budgetary accounting system in January 2001; notes that since 1 July 2000 the Foundation chairs the Common Support Service, a forum which brings together users of SI2, namely nine agencies, the Economic and Social Committee and the Committee of the Regions;5. Encourages the Foundation to further reduce its reliance on imprest accounts for payments and welcomes the fact that usage has decreased from 40 % of total expenditure excluding salaries in 1997 (EUR 3,89 million), to 37 % in 1998 (EUR 3,40 million) and, following further cuts, to 18 % in 1999 (EUR 2,94 million); notes that the Foundation will seek to reduce usage to a minimal level;6. Notes that the Foundation has been able to transform seven translation posts into A-grade posts by making greater use of the Translation Centre in Luxembourg;7. Is concerned about the high level of carry-over of credits from 1999 to 2000, which amounted to EUR 3640497 or approximately 25 % of the Community subsidy of EUR 14500000;Parliament8. Calls on its specialised committees to monitor closely the activities and impact of the Dublin Foundation and Bilbao Agency to assess how well they fulfil their respective mandates;Court of Auditors9. Invites the Court of Auditors to submit individual audits before 15 July of each year following the financial year in question; calls on the Court to report findings of a horizontal nature in the subheading on decentralised agencies in the chapter on administrative expenditure in its Annual report; would welcome a shift of emphasis from purely financial audits to performance audits, whereby the Court would address the following questions:(i) added-value of the agency: including an assessment of the timeliness of the output and an evaluation of its quality and overall impact;(ii) effectiveness: including an investigation into how efficiently and effectively the agency goes about fulfilling its mission;(iii) comparative advantage: including suggestions of ways to avoid any possible overlap or duplication between various agencies;Discharge decision10. Gives discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its budget for the 1999 financial year, on the basis of the report of the Court of Auditors;11. Instructs its President to forward this Decision to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions, the Council, the Commission and the Court of Auditors and to have it published in the Official Journal (L series).The Secretary-GeneralJulian PriestleyThe PresidentNicole Fontaine(1) OJ C 373, 27.12.2000, p. 39.(2) OJ C 40, 7.2.2001, p. 384.(3) OJ L 139, 30.5.1975, p. 1.


Avis juridique important

|

31991D0598

91/598/EEC: Council Decision of 18 November 1991 concerning the conclusion of the Convention on the International Commission for the Protection of the Elbe

Official Journal L 321 , 23/11/1991 P. 0024 - 0027

COUNCIL DECISION  of 18 November 1991  concerning the conclusion of the Convention on the International Commission for the Protection of the Elbe  (91/598/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 130s thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Having regard to the Resolution of the Council and of the Representatives of the Governments of the Member States meeting within the Council of 19 October 1987 on the continuation and implementation of a European Community policy and action programme on  the environment (1987-1992) (4), and the fourth action programme of the European Communities on the environment, annexed to the said Resolution, hereafter called 'Fourth Action Programme',  Whereas the Fourth Action Programme, in continuation of the earlier Action Programmes, lists amongst its main areas of activity, monitoring and control with a view to improving water quality and reducing pollution;  Whereas the Fourth Action Programme calls for active participation by the Community and its Member States in international action for the protection of the environment and attaches, in this framework, particular importance to bilateral liaisons with  third countries;  Whereas the Convention on the International Commission for the Protection of the Elbe, signed in Magdeburg on 8 October 1990, provides in particular for the establishment of an international commission to prevent the pollution of the Elbe and its  drainage area, as far as covered by this Convention;  Whereas the existing Community legislation on water pollution currently applies to the Elbe and its tributaries where they run through the territory of the Federal Republic of Germany;  Whereas it appears necessary for the Community to approve the Convention in order to attain one of the objectives of the Community as regards the preservation, protection and improvement of the quality of the environment, as provided for in the Single  European Act;  Whereas the said Convention was signed on behalf of the Community on 8 October 1990,  HAS DECIDED AS FOLLOWS:  Article 1  The Convention on the International Commission for the Protection of the Elbe is hereby approved on behalf of the European Economic Community.  The text of the Convention is attached hereto.  Article 2  The President of the Council will, on behalf of the European Economic Community, inform the Federal Republic of Germany, in its capacity as depositary State, that the preconditions for the entry into force of the Convention have been  fulfilled as far as the Community is concerned, in accordance with the first subparagraph of Article 18 of the Convention. Done at Brussels, 18 November 1991. For the Council  The President  J. E. ANDRIESSEN   (1) OJ No C 93, 11. 4. 1991, p. 10. (2) OJ No C 158, 17. 6. 1991, p. 291. (3) OJ No C 191, 22. 7. 1991, p. 21. (4) OJ No C 328, 7. 12. 1987, p. 1.


title: 2005/548/EC: Decision of the European Parliament of 12 April 2005 on the discharge to the Director of the European Monitoring Centre on Racism and Xenophobia in respect of the implementation of its budget for the financial year 2003

text:
               27.7.2005

               EN

               Official Journal of the European Union

               L 196/126

      DECISION OF THE EUROPEAN PARLIAMENT

   of 12 April 2005
   on the discharge to the Director of the European Monitoring Centre on Racism and Xenophobia in respect of the implementation of its budget for the financial year 2003
   (2005/548/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the Court of Auditors’ report on the annual accounts of the European Monitoring Centre on Racism and Xenophobia for the 2003 financial year together with the Monitoring Centre’s replies (1),
   having regard to the Council’s recommendation of 8 March 2005 (6861/2005 — C6-0067/2005),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2) and in particular Article 185 thereof, and to Council Regulation (EC) No 1652/2003 of 18 June 2003 amending Regulation (EC) No 1035/97 establishing a European Monitoring Centre on Racism and Xenophobia (3) and in particular Article 12a thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4) and, in particular, Article 94 thereof,
   having regard to Rules 70 and 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0074/2005),

               1.

               Gives discharge to the Director of the European Monitoring Centre on Racism and Xenophobia in respect of the implementation of its budget for the financial year 2003;

               2.

               Records its comments in the accompanying resolution;

               3.

               Instructs its President to forward this decision and the accompanying resolution to the Director of the European Monitoring Centre on Racism and Xenophobia, the Council, the Commission and the Court of Auditors, and to have them published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 324, 30.12.2004, p. 91.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 245, 29.9.2003, p. 33.

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

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      containing the comments accompanying the decision on the discharge to the Director of the European Monitoring Centre on Racism and Xenophobia in respect of the implementation of its budget for the financial year 2003
      THE EUROPEAN PARLIAMENT,
      having regard to the Court of Auditors' report on the annual accounts of the European Monitoring Centre on Racism and Xenophobia for the 2003 financial year together with the Centre’s replies (1),
      having regard to the Council’s recommendation of 8 March 2005 (6861/2005 — C6-0067/2005),
      having regard to the EC Treaty, and in particular Article 276 thereof,
      having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2) and in particular Article 185 thereof, and to Council Regulation (EC) No 1652/2003 of 18 June 2003 amending Regulation (EC) No 1035/97 establishing a European Monitoring Centre on Racism and Xenophobia (3) and in particular Article 12a thereof,
      having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4) and, in particular, Article 94 thereof,
      having regard to Rules 70 and 71 of and Annex V to its Rules of Procedure,
      having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0074/2005),

                  A.

                  Whereas the European Court of Auditors (ECA) stated, in its abovementioned specific report, that it obtained reasonable assurance that the annual accounts for the financial year ended 31 December 2003 were reliable and that the underlying transactions, taken as a whole, were legal and regular.

                  B.

                  Whereas on 21 April 2004 the European Parliament gave discharge (5) to the Director of the European Monitoring Centre on Racism and Xenophobia (the Centre) in respect of the implementation of its budget for the 2002 financial year and in the resolution accompanying the discharge decision, the European Parliament, inter alia:

                              —

                              invited the Centre to further reduce carry-overs and to monitor revenue by issuing in a timely fashion the necessary recovery orders,

                              —

                              expressed concern over cash-flow problems that emerged as a result of delays in the payment by the Commission of the Community subsidy and invited the Commission and the Centre to improve coordination so as to avoid a similar situation occurring again,

                              —

                              invited the Centre to make further efforts to enhance its internal control and ensure compliance with the Financial Regulation, to improve contract management and to reinforce monitoring and evaluation of the quality of the work delivered by the national focal points of the RAXEN network;

            1.   Notes the following figures for the accounts of the European Monitoring Centre on Racism and Xenophobia (EUMC) for the financial years 2003 and 2002:
      Revenue and expenditure account for the financial years 2003 and 2002

                  (in EUR 1000)

                  2003

                  2002

                  Revenue

                  Community subsidies

                  7 318

                  4 320

                  Other revenue

                  374

                  Financial revenue

                  21

                  43

                  Phare revenue

                  676

                  Total revenue (a)

                  8 389

                  4 363

                  Expenditure

                  Staff — Title I of the budget

                  Payments

                  2 618

                  2 416

                  Appropriations carried over

                  64

                  187

                  Administration — Title II of the budget

                  Payments

                  412

                  377

                  Appropriations carried over

                  51

                  60

                  Operating activities — Title III of the budget

                  Payments

                  1 678

                  1 686

                  Appropriations carried over

                  1 162

                  1 234

                  Phare expenditure

                  Payments

                  377

                  Appropriations carried over

                  694

                  Total expenditure (b)

                  7 055

                  5 960

                  Outturn for the financial year (a – b)

                  1 334

                  – 1 597

                  Balance carried over from the previous financial year

                  – 1 579

                  – 8

                  Appropriations carried over, cancelled

                  301

                  52

                  Appropriations for re-use from the previous financial year, not used

                  38

                  151

                  Exchange rate differences

                  5

                  2

                  Amounts refunded to the Commission

                  – 179

                  Balance for the financial year

                  98

                  – 1 579

                     NB: Totals may include differences due to rounding.

                     Source: Data supplied by the Centre. These tables summarise the data supplied by the Centre in its own accounts.

            2.   Welcomes the Centre’s results in reducing carry-overs of operating appropriations; invites the Centre to continue its efforts further to reduce carry-overs; expects the Centre to indicate which among its activities could be financed by differentiated appropriations thus allowing for a further reduction in carry-overs;
      3.   Expects the Centre, in line with the ECA’s observation, correctly to present in its general budget any Community subsidies it received and managed in relation to external programmes (Phare subsidies) as well as other sources of income in order to present a truly general budget;
      4.   Calls on the Centre to comply with the ECA’s recommendation to set up an efficient system for managing and monitoring revenue to be collected which should allow the timely issue of recovery orders;
      5.   Expects the Centre to improve contract management in order to comply with the provisions of the Financial Regulation; invites the Centre, from now on, to closely monitor contract implementation so as to ensure better control of the quality of work delivered;
      6.   Welcomes the solution given to the general request to make public the 2003 report on racism, and encourages the Centre to improve the preparatory works for this kind of report for the future;
      7.   Notes and regrets the absence of an equality plan and expects the Agency to develop a plan shortly in order to become an equal opportunities employer; expects the Agency not only to consider equality issues at the stage of recruitment but also to work proactively and on a long-term basis to promote gender equality;
      8.   Welcomes the plan for a diversity audit and welcomes the fact that the Centre has integrated staff from minorities at all levels; expects the Centre to clearly improve the proportion of women employed in higher positions;
      9.   Welcomes the Centre’s communication strategy but hopes to see further measures to develop and strengthen this strategy especially in the context of information and communication to the citizens where EUMC must be seen as having a particularly important role to play in awareness raising and combating racism and xenophobia;
      General points addressed to the Commission and the Agencies

                  10.

                  Recalls its position that while it supported the Commission’s efforts to establish a limited number of models, at least for future ‘regulatory’ agencies, it took the view that the structure of current and future agencies merited in-depth consideration at interinstitutional level; also stresses that before the Commission defines the framework conditions for the use of regulatory agencies an Interinstitutional Agreement should spell out common guidelines; this should happen before setting up a harmonised framework for the structure of the agencies;

                  11.

                  Notes the Commission’s position (6) with regard to delegating responsibility for the execution of tasks to bodies, including agencies, other than the Commission’s core administration; takes the view that this does not answer Parliament’s call for in-depth consideration at interinstitutional level of the structure of existing agencies; therefore invites the Commission to provide clarification on this point and on the future overall Interinstitutional Agreement related to the new arrangements to be set up within or in parallel with the Financial Perspective (7);

                  12.

                  Invites the Commission to organise and perform in the medium term, e.g. on a standard three-year cycle, a cross-cutting analysis of the evaluations carried out on individual Agencies in order to:

                              (a)

                              reach conclusions with regard to the coherence of Agency activity with EU policies in general and as regards the synergies existing or to be developed between the agencies and Commission departments and the avoidance of overlapping between them;

                              (b)

                              make an assessment of the broader European added value of the Agencies’ outputs in their respective area of activity and of the relevance, efficiency and effectiveness of the Agency model in implementing or contributing to EU policies;

                              (c)

                              determine and enhance the impact of the Agencies’ actions in terms of the proximity, accessibility and visibility of the EU to its citizens;

                  13.

                  Expects such an overall analysis to be available by the end of 2005 so as to cover the three-year period from the time of the introduction of the new Financial Regulation and the consequent new framework in the Agencies’ system;

                  14.

                  Invites the Agencies to participate actively in such a process and to cooperate with the Commission, providing the necessary input on matters that they feel are of substance to their functioning, role, remit and needs, as well as on any matter which could help to improve the whole discharge procedure, with a view to contributing to the success of such a process and increasing the accountability and transparency of the Agencies; invites Agencies to present such input also to its competent committees;

                  15.

                  Calls on the Commission, in parallel with this exercise, to present by the end of 2005 at the latest, proposals for changes to be made in the existing Agencies’ Constituent Acts with a view, inter alia, to optimising its relationship with the Agencies; such proposals should aim at:

                              (a)

                              increasing communication between the Commission and the Agencies;

                              (b)

                              establishing or expanding cooperation in defining needs to be covered and objectives, outputs to be produced and the strategy to achieve them, and in setting standards for monitoring and evaluation;

                              (c)

                              enhancing complementary action, better organising the necessary resources and their effective allocation to produce results, and devising a communication strategy for dissemination of those results;

                  16.

                  Emphasises that, before any decision is taken to propose the creation of a new agency, the Commission must undertake a strict evaluation of the need and added value of the function of this agency, bearing in mind existing structures, the principles of subsidiarity, budgetary austerity and the simplification of procedures;

                  17.

                  Expects the Commission to present swiftly the guidelines concerning staff policy of the Agencies that Parliament had requested the Commission to present before the end of the 2005 budgetary procedure;

            General points addressed to the Agencies

                  18.

                  Expects to receive from now on, from each of the Agencies, the report summarising information on the audits carried out by the Internal Auditor, the recommendations made and the action taken on these recommendations in accordance with Article 72(5) of Regulation (EC, Euratom) No 2343/2002;

                  19.

                  Invites the Agencies to make further efforts to apply correctly the staff regulations and rules applicable to other civil servants with regard to their staff (recruitment procedures and relevant decisions taken, personal files, calculation of remuneration and other entitlements, promotions policy, percentage of vacant posts, quotas for respecting gender equality, etc.);

                  20.

                  Notes that, in general, the respective percentage of male and female employees in the overall staff composition of the Agencies shows that an imbalance between men and women exists; regrets that men make up about one third of staff and are over-represented in high grade positions while women are generally over-represented in low grade positions; expects the Agencies to take immediate and effective measures to correct this situation;

                  21.

                  Calls on the Agencies to ensure that all the relevant provisions of Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (8) are introduced in their respective staff policies;

                  22.

                  Expects the Agencies, in response to the relevant observations of the ECA, to comply fully with the budgetary principles as set out in the Financial Regulation, in particular those of unity and budgetary accuracy; calls on the Agencies that have not yet done so to fulfil the Financial Regulation’s requirements on accounting matters and to strengthen further their procedures as regards internal management and control with the aim of increasing accountability, transparency and European added value;

                  23.

                  Encourages the Agencies, especially those whose activities have points in common with the activities or missions of other Agencies, to strengthen their cooperation, thus opening up opportunities for developing synergies; invites them to formalise, where appropriate, such cooperation through specific agreements (joint declarations, memoranda of understanding, decisions on joint planning and actions/programmes presenting complementary characteristics) so as to ensure that there is no duplication of work, that each Agency’s output is clearly identified and that the result of joint efforts maximises the added value and the impact of their work; expects to be informed regularly on this issue;

                  24.

                  Calls on the Agencies to pay special attention to procedures for the award and management of contracts; invites them to take all appropriate measures as regards their administrative structures in order to strengthen their internal control procedures, channels and management; takes the view that such measures may include, where necessary or feasible, the setting-up of specialised units entrusted with the task of advising, on the basis of risk analysis, on how best to prepare contract award procedures, to ensure monitoring and to carry out follow-up, as required; on this matter, calls on the Commission and the ECA to strengthen cooperation with the Agencies;

                  25.

                  Notes the difficulties to which some Directors, in particular of the ‘newly created’ Agencies, referred with regard to the Agencies’ compliance with the calendar and deadlines for reporting as set in the Financial Regulation; invites the Agencies’ Directors, in the perspective of the forthcoming review of the Financial Regulation to be held in 2005, to inform its Committees on Budgets and Budgetary Control of the difficulties encountered so far so that these may be considered in the framework of the review; expects the Directors to make specific proposals for alternative arrangements as to deadlines that may best suit their functioning requirements while respecting the reporting obligations of the Agencies as provided for in the Financial Regulation;

                  26.

                  Notes the positive response by the Agencies’ Directors to the call by Parliament’s committee responsible for preparing discharge for the establishment of a more precise system of communication, in particular as regards the transmission by the Agencies to that committee of documents relating to the Agencies’ reporting obligations; takes the view that better organisation of such communication will strengthen its cooperation with the Agencies and enhance democratic control;

                  27.

                  Invites the Directors of the Agencies from now on to accompany their annual activity report, which is presented together with financial and management information, with a declaration of assurance concerning the legality and regularity of operations, similar to the declarations signed by the Directors-General of the Commission;

                  28.

                  Invites the Agencies to develop a comprehensive strategy of communication addressing the need to make available, in the appropriate form, the results of their work to the general public beyond the presentation of such results to the Institutions, Member States’ competent services, specialists, partners or specific beneficiaries; calls on the Agencies, in view of the development of such a strategy, to intensify their cooperation and exchange information on best practice aimed at achieving this goal; expects its competent committees to be duly informed by the Agencies, before the next discharge exercise, on the progress made in devising such a strategy in order to ensure the effective and timely monitoring of their activities;

            General points addressed to the ECA and the Agencies

                  29.

                  Welcomes the ECA’s initiative to add a table to its specific reports on the Agencies presenting summary information on the competences, governance, resources available and products/output of the particular agency; takes the view that this enhances the clarity and transparency of the work of these Community bodies, while providing a useful basis for comparison, where appropriate, with a view to helping set up the harmonised framework for the Agencies that Parliament has called for;

                  30.

                  Invites the ECA and the Agencies to strengthen their cooperation in order to enhance the procedures and technical tools to improve the sound management of all the budgetary and finance issues, with the view to establishing a methodology that prepares the ground for a positive budget discharge from the start of the process; expects to be informed regularly of the progress made and the implementation of best practices;

                  31.

                  Calls on the ECA and the Agencies to enhance transparency in the procédure contradictoire prior to the ECAs final report, so as to avoid any contradiction or ambiguity which could jeopardise the credibility of the whole exercise; in this respect, invites the ECA and the Commission to propose a feasible way of updating information on the improvements made and/or the problems found, from the time when the ECA’s preparatory report is first discussed until the time of the decision as to whether to grant discharge, in order to offer the most accurate picture of the situation of the Agencies.

         (1)  OJ C 324, 30.12.2004, p. 91.

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

         (3)  OJ L 245, 29.9.2003, p. 33.

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

         (5)  OJ L 330, 4.11.2004, p. 66.

         (6)  As set out in Annex 1 to the Communication from the Commission to the Council and the European Parliament ‘Building our common future, policy challenges and budgetary means of the enlarged Union 2007-2013’, (COM(2004) 0101, p. 38).

         (7)  See Annex to the Commission’s report on the follow-up to 2002 Discharges (COM(2004) 0648, p. 108).

         (8)  OJ L 269, 5.10.2002, p. 15.


Avis juridique important

|

31985D0333

85/333/EEC: Decision of the European Parliament of 13 June 1985 granting a discharge to the Commission in respect of the financial management of the second and third European Development Funds during the 1983 financial year

Official Journal L 174 , 04/07/1985 P. 0049 - 0049

*****DECISION  OF THE EUROPEAN PARLIAMENT  of 13 June 1985  granting a discharge to the Commission in respect of the financial management of the Second and Third European Development Funds during the 1983 financial year  (85/333/EEC)  THE EUROPEAN PARLIAMENT,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Conventions signed at Yaoundé on 20 July 1963 and 29 July 1969,  Having regard to the balance sheets and accounts of the European Development Funds for the financial year 1963 (COM(84) 281 final),  Having regard to the report of the Court of Auditors concerning the financial year 1983 accompanied by the replies of the institutions (1),  Having regard to the Council decisions granting discharge in respect of the Second and Third European Development Funds for the 1983 financial year (Doc. C2-19/85),  Whereas the Treaty of 22 July 1975 authorizes the European Parliament to grant discharge in respct of the financial activities of the Community,  Having regard to the report of the Committee on Budgetary Control and to the opinion of the Committee on Development and Cooperation (Doc. A2-39/85),  1. Granted discharge to the Commission in respect of the financial management of the Second and Third European Development Funds during the financial year 1983 on the basis of the following expenditure:  Second European Development Fund: 53 657 ECU  Third European Development Fund: 14 279 853 ECU  2. Records its comments in the resolution which forms part of this decision;  3. Instructs its President to forward this decision and the resolution embodying its comments to the Commission, the Council, the Court of Auditors and the European Investment Bank and to ensure that they are published in the Official Journal of the European Communities (L series).  Strasbourg, 13 June 1985.  1.2 // The Secretary-General  // The President  // H.-J. OPITZ  // Pierre PFLIMLIN  (1) OJ No C 348, 31. 12. 1984.


Avis juridique important

|

31980D0503

80/503/Euratom: Council Decision of 6 May 1980 appointing two members of the Advisory Committee of the Euratom Supply Agency

Official Journal L 124 , 20/05/1980 P. 0019

****( 1 ) OJ NO 27 , 6 . 12 . 1958 , P . 534/58 .  ( 2 ) OJ NO L 83 , 30 . 3 . 1973 , P . 20 .    COUNCIL DECISION   OF 6 MAY 1980   APPOINTING TWO MEMBERS OF THE ADVISORY COMMITTEE OF THE EURATOM SUPPLY AGENCY  ( 80/503/EURATOM )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE STATUTES OF THE EURATOM SUPPLY AGENCY  ( 1 ), 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 TWO SEATS HAVE BECOME VACANT ON THE ABOVEMENTIONED COMMITTEE FOLLOWING THE RESIGNATION OF MR R . NICHOLS AND MR G . WYNN , OF WHICH THE COUNCIL WAS INFORMED ON 26 FEBRUARY 1980 ;   CONSIDERING THE NOMINATIONS SUBMITTED BY THE GOVERNMENT OF THE UNITED KINGDOM ON 26 FEBRUARY 1980 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR W . A . ROOKE AND MR H . G . STURMAN ARE HEREBY APPOINTED MEMBERS OF THE ADVISORY COMMITTEE OF THE EURATOM SUPPLY AGENCY IN PLACE OF MR R . NICHOLS AND MR G . WYNN FOR THE REMAINDER OF THE TERM OF OFFICE OF THE LATTER TWO , WHICH RUNS UNTIL 28 MARCH 1981 .   DONE AT BRUSSELS , 6 MAY 1980 .   FOR THE COUNCIL   THE PRESIDENT   G . ZAMBERLETTI