Avis juridique important

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31991D0029

91/29/EEC: Commission Decision of 11 January 1991 terminating the anti-dumping proceeding concerning imports of Portland cement originating in Yugoslavia

Official Journal L 016 , 22/01/1991 P. 0034 - 0036

COMMISSION DECISION  of 11 January 1991  terminating the anti-dumping proceeding concerning imports of Portland cement originating in Yugoslavia  (91/29/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1) and in particular Article 9 thereof,  After consultation within the Advisory Committee as provided for in Regulation (EEC) No 2423/88,  Whereas:  A. PROCEDURE  (1) In December 1988 the Commission received a complaint lodged by the Associazione Italiana Tecnico Economica del Cemento acting on behalf of producers representing a large majority of Italian producers of cement.  (2) The complaint contained prima facie evidence of dumping on a regional basis and of injury resulting therefrom which was considered sufficient to justify initiating a proceeding in order to establish whether the facts alleged existed and justified  any action being taken. The Commission accordingly announced, by a notice in the Official Journal of the European Communities (2), the initiation of an anti-dumping proceeding concerning imports originating in Yugoslavia to Italy of Portland cement  other than white Portland cement, in bulk or in bags used in the construction industry, corresponding to CN code 2523 29 00 and began an investigation.  (3) The Commission officially so advised the exporters and importers known to be concerned, the representatives of Yugoslavia and the complainant and gave the parties directly concerned the opportunity to make known their views in writing and to request  a hearing.  (4) The Yugoslav producers/exporters concerned in this proceeding made their views known in writing. One producer has requested and has been granted a hearing.  The Italian importers of the product concerned made their views known in writing and one requested and has been granted a hearing.  Of the nine Italian producers of the product mentioned in the complaint, three declined to respond to the Commission's questionnaire stating that they did not consider they were affected by the Yugoslavian imports. The remaining six producers made their  views known in writing.  The Greek producers of the product concerned made their views known in writing.  (5) The period under investigation with regard to dumping was 1 May 1988 to 30 April 1989. With regard to injury and threat of injury, facts which occurred after 30 April 1989 were not taken into consideration.  (6) The Commission sought and verified all information it deemed to be necessary for the purposes of a preliminary determination and carried out investigations at the premises of the following Communtiy producers:  - Colacem, Gubbio,  - Sacci SpA, Rome,  - Cementir, Rome,  - Italcementi SA, Bergame,  - Unicem, Turin,  - Friulcem, Turin,  - Cementizillo, Este.  B. REGIONALITY  (7) The Commission established that approximately 99 % of the total Italian cement production is sold in the Italian market and that demand for cement in Italy is not supplied to a substantial degree by producers located elsewhere in the Community.  The Italian industry can therefore be considered to constitute the Community industry within the terms of Article 4 (5) of Regulation (EEC) No 2423/88.  (8) The Commission found that four areas in Italy were particularly affected by the imports from the product originating in Yugoslavia. It was considered whether these areas, either individually or collectively, could constitute the Community industry.  Evidence obtained during the investigation showed that the cement market in these areas is supplied to a material degree by producers located outside the areas concerned and that the producers established in these areas do not sell all or almost all of  their production within these areas.  The Commission therefore concluded that the four areas concerned could not, either individually or collectively, be considered as a distinct market.  C. LIKE PRODUCT  (9) The product allegedly being dumped is Portland cement other than white Portland cement in bulk and/or in bags.  Portland cement production (all classes) represents about 55 % of Italian production of cement. Other cement types include Pozzolanico cement (40 % of production).  (10) Without exception, all Italian producers involved underlined that the decisive criterion for cement is not whether the cement has been produced with Portland or Pozzolanico, but to which strength qualification the cement answers. Therefore,  Portland cement and Pozzolanico cement can be considered interchangeable as long as they belong to the same strength class. The Commission concluded that for the purpose of this investigation, Pozzolanico as well as Portland cement types should be  considered as the like product.  (11) Italian law sets down the characteristics for the classification of cement. It gives, amongst others, strength qualifications which include minimum requirements for compression resistance of the concrete after 28 days. Cement 325 should have a  resistance of at least 325 kg/cm2 after 28 days. Cement 425 should have a resistance of at least 425 kg/cm2 after 28 days.  (12) The quality of the imported product is claimed by the complainants to conform to Italian class 425 high resistance cement. The Yugoslavian producers claim that the exported cement conforms to Italian class 325 ordinary cement.  (13) The Italian and the Yugoslavian producers have submitted contradictory evidence to the Commission of the quality of the imported product. The Commission has carefully considered this evidence in order to assess the like product in Italy. During the  investigation, it became clear that, although the Yugoslavian product is particularly in competition with the Italian production of 425 cement, direct and indirect effects are also felt on the 325 segment of the cement market. 425 cement may be used as  a substitute for 325 cement but not the reverse.  (14) The Commission therefore concluded that it would not be justified to consider only the 425 segment of the cement market as totally separate. Consequently, it has taken into account both the 425 market segment and the total cement market in its  findings.  D. INJURY  (15) With regard to the injury allegedly being caused by the dumped imports, the evidence available to the Commission shows that imports to Italy from Yugoslavia increased from 293 000 tonnes in 1985 to 603 000 tonnes in 1988.  The market share of these imports rose from 0,78 % in 1985 to 1,49 % in 1988 (all cement). If all Yougoslavian imports are considered on the 425 market alone market share rose from 2,55 % in 1985 to 4,25 % in 1988. The market share of imports from other  sources on the 425 market rose from 0,17 % in 1985 to 8,16 % in 1988.  (16) On the basis of information from importers of Yugoslavian cement, considerable price undercutting by Yugoslavian imported 425 cement has been found of Italian 425 prices.  In addition, to a lesser degree, some undercutting of Italian 325 prices has been found.  (17) From the data available, the Commission also found that there were strong indications that the Yugoslavian products on the Italian marked had been imported at dumped prices. This information has not been verified because of the findings under  recital 18.  (18) With regard to the possible impact of the dumped imports on the situation of the producers in Italy, account has to be taken of the following factors:  (a) Italian production of cement (all types) increased by 4 % in the period 1985 to 1988. Italian 425 cement production increased by 11 % in the same period;  (b) production capacity increased by 7,5 % in the period 1985 to 1988;  (c) capacity utilization declined between 1985 and 1986 from 68,4 to 64,6 %, it increased and stabilized around 66 % in 1987 and 1988. In absolute terms, production and sales increased but the utilization rate remained stable due to the expansion of  capacity;  (d) although the growth in Italian production did not totally follow the market trend, the difference is not such as to be considered material;  (e) the Italian producers' market share remains consistently high (95 % all cement: 87 % for 425 cement);  (f) the prices realized by the Italian producers have increased at a slightly faster rate than the rate of the publicly-fixed maximum price. They showed only a slight decrease in the investigation period which must be considered negligible. The price  trend for 425 cement is slightly more favourable than that of all cement (+ 13,6 % compared to + 10 %) for the investigation period compared to 1985;  (g) the profitability of the Italian cement industry has developed favourable overall in the period 1985 to 1987. No company is in or is threatened by a loss-making situation. For some companies, a decline in profits did occur in 1988; other companies  performed better in 1988 than in 1987.  The decline in profits is, in the view of the Commission, evidence of the restructuring and rationalization effort of this industry;  (h) Increases in the cost of production have arisen mainly in respect of energy costs and environmental safeguards;  (i) Investment plans by the industry, especially to meet Italian State environmental requirements and to improve efficiency and rationalization, show underlying confidence in the market;  (j) The employment situation of the Italian industry investigated shows, during the last four years, a gradual reduction in the number of people involved in the production of cement.  This decrease (12 % over four years) is considered to have been the result of the restructuring of plants in order to achieve a more efficient production process.  (19) For these reasons the Commission has not been able to establish material injury to the Community industry. Even if some injurious elements have been established, the Commission found these not to be material and the Yugoslav imports not to be the  main cause of them.  E. THREAT OF INJURY  (20) The complaint did not contain any allegations of a threat of injury. Some Italian producers indicated that the potential export capacity of Yugoslavian producers could reach 1 150 000 tonnes.  The dumped exports from Yugoslavia amounted to ± 600 000 tonnes in 1988 and to ± 580 000 tonnes in 1989.  As far as the Commission has been informed, only moderate increases in production-capacity of Yugoslavian producers are foreseen in the short term.  The Commission considered that no substantial evidence for a threat of injury was available.  F. TERMINATION OF THE PROCEEDING  (21) In the absence of material injury or a threat of injury, one of the indispensable conditions for taking protective measures pursuant to Article 11 of Regulation (EEC) No 2423/88 is not fulfilled. Therefore, the anti-dumping proceeding concerning  imports of Portland cement originating in Yugoslavia should be terminated.  (22) The Advisory Committee has been consulted and has raised no objections.  (23) The Commission made known its findings to the complainant. The complainant requested and has been granted a hearing, during which the Commission orally supplied more information on its findings,  HAS DECIDED AS FOLLOWS:     Sole Article   The anti-dumping proceeding concerning imports of Portland Cement originating in Yugoslavia is hereby terminated.    Done at Brussels, 11 January 1991.  For the Commission   Frans ANDRIESSEN   Vice-President   (1) OJ No L 209, 2. 8. 1988, p. 1. (2)  OJ No C 149, 16. 6. 1989, p. 4.


title: Council Decision (EU) 2015/2394 of 8 December 2015 on the position to be taken by the Member States on behalf of the European Union, concerning the decisions to be adopted by the Permanent Commission of Eurocontrol, with regard to the roles and tasks of Eurocontrol and on centralised services

text:
               18.12.2015

               EN

               Official Journal of the European Union

               L 332/136

         COUNCIL DECISION (EU) 2015/2394
   of 8 December 2015
   on the position to be taken by the Member States on behalf of the European Union, concerning the decisions to be adopted by the Permanent Commission of Eurocontrol, with regard to the roles and tasks of Eurocontrol and on centralised services
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) and Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Permanent Commission of Eurocontrol (‘the Permanent Commission’), by its Decision No 123 of 4 December 2013, established a Study Group to investigate in what manner the Eurocontrol International Convention relating to Cooperation for the Safety of Air Navigation of 13 December 1960 (‘the Eurocontrol Convention’) may require amendment in order to reflect the evolving air traffic management landscape in Europe.

               (2)

               On 19 October 2015 the Study Group tasked the Eurocontrol Agency with preparing a draft Permanent Commission Act defining the future roles and tasks of Eurocontrol.

               (3)

               A draft decision of the Permanent Commission regarding the roles and tasks of Eurocontrol will be on its agenda for approval at its meeting on 8 and 9 December 2015.

               (4)

               Once adopted, that decision will have legal effects. According to the applicable institutional framework, set out in the Eurocontrol Convention, as amended by the Protocol signed at Brussels on 12 February 1981 (‘the Amended Convention’), the Permanent Commission is in charge of formulating Eurocontrol's general policy. The definition of the roles and tasks will govern Eurocontrol's future action and will necessarily reflect what Eurocontrol considers as legitimate activity. It will be binding on all Eurocontrol Members, including Member States of the Union.

               (5)

               The definition of the roles and tasks of Eurocontrol may have consequences with regard to the application of Union law and, in particular, the integrity of Union competences, given that Union legislation covers important areas in which Eurocontrol is active. In some cases, Eurocontrol's role and activity depend on decisions taken at Union level.

               (6)

               It is therefore important to ensure that the definition of Eurocontrol's roles and tasks does not conflict with Union law, in particular Union competences, and that it does not prejudge future Union action.

               (7)

               At its meeting on 8 and 9 December 2015, the Permanent Commission may also adopt a decision on centralised services. The Union is not currently in possession of sufficient information to evaluate the substance of such a decision, which may prejudge future activity conducted by Eurocontrol and in a manner that may be detrimental to the Union's activity in this field, in particular as regards Single European Sky Air Traffic Management Research (SESAR). A decision on this matter should thus be postponed.

               (8)

               The position to be taken on the Union's behalf within the Permanent Commission should therefore be established,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the Member States on behalf of the European Union in the Permanent Commission of Eurocontrol concerning the roles and tasks of Eurocontrol and centralised services shall be in accordance with the Annex.
   The Member States shall act jointly in the interest of the Union.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 8 December 2015.

            For the Council

            The President

         P. GRAMEGNA

      ANNEX
      I.   Eurocontrol's roles and tasks

      The Union requests that the proposed text regarding the services, roles and tasks of Eurocontrol in no way affect the Union competences and that it not prejudge future Union action. Where specific tasks are currently performed by Eurocontrol under the Union legal framework on a temporary basis, those tasks shall not be presented as tasks independent of Union decisions.
      The Union requests the following changes to the list of Eurocontrol roles and tasks set out in the annex to the Eurocontrol action paper CN-SG-6-2015 on the roles and tasks of the organisation of 16 November 2015:

                  (1)

                  As regards Article 2(1) on ‘Functions and Services’:

                              (a)

                                 air traffic
                                 central flow management;

                              (b)

                              ATM network functions if conferred by
                                 on behalf of the European Union;

                              (c)

                              ATM functions
                                 tasks on behalf of ICAO for the EUR/NAT region;

                              (d)

                              establishment, billing and collection of air navigation charges;

                              (e)

                              provision of air traffic services at MUAC, subject to the results of the discussions between the Member States and EUROCONTROL
                                 the Agency;

                              (f)

                              central functions and services, such as EAD, ARTAS/CAMOS, and other central services which might be entrusted to it by the Permanent Commission, in agreement

                                    close cooperation

                                 with the Union.

                  (2)

                  As regards Article 2(2) on ‘Roles’:

                              (a)

                                 With respect to ‘Support’, the changes shall be as follows:

                                          (i)

                                          support to its Member States, NSAs, ANSPs and other relevant stakeholders;

                                          (ii)

                                          support to the EU bodies including the provision of expertise to support regulatory activities in compliance
                                             accordance with the High-Level Agreement between the EU and Eurocontrol of 29 October 2012
                                             at the request of these bodies;

                                          (iii)

                                          facilitation and promotion of European interests in non-ECAC states in ATM matters in close cooperation with its Member States, their ANSPs and industry and the EU, except for areas covered by EU rules and subject to respecting EU competences;

                                          (iv)

                                          contribution to SESAR (R & D, ATM master plan maintenance and deployment) — building upon its expertise in ATM expertise, pan-European coverage, civil-military aspect and central flow network
                                             network management role, in compliance with relevant EU legislation;

                                          (v)

                                          providing research and related simulation facilities, e.g. for SESAR, research activities in addition to SESAR and airspace changes in compliance with relevant EU legislation, where applicable;

                                          (vi)

                                          offer training/education to Member State organisations.

                              (b)

                              With respect to the ‘Mechanisms for cooperation’, the changes shall be as follows:

                                          (i)

                                          facilitate and promote civil-military coordination on ATM/ANS developments;

                                          (ii)

                                          support Member States in ICAO work, subject to respecting EU competences;

                                          (iii)

                                          cooperate with other world regions subject to agreement with Member States ensuring coordination with the EU;

                                          (iv)

                                          international cooperation/coordination (ICAO, FAA, NATO, etc.) on behalf of its Member States, other than EU Member States
                                             subject to respecting EU competences;

                                          (v)

                                          advising non-EU
                                             at their request those member states that are not EU Member States and have not concluded agreements with the Union, on ATM safety and performance matters, making use of
                                             in compliance with ICAO rules, in coordination with the EU and subject to respecting its competences
                                             EU and EASA rules in this area to inform enhancing harmonization, safety, operational efficiency and economies of scale.

                              (c)

                              With respect to ‘pan-European ATM data and information’ the changes shall be as follows:

                                          (i)

                                          collection and analysis of data, which could include performance data, safety data, etc. (in order to ‘maintain’ the systems and data in support of regulatory work) for states that are not EU Member States and, if this task is conferred to it by the EU, for EU Member States;

                                          (ii)

                                          analysis and provision of reports (information) on the data collected (e.g. ACE, PRR) for states that are not EU Member States and, if this task is conferred to it by the EU, for EU Member States;

                                          (iii)

                                          run the ESSIP/LSSIP process, if conferred by the European Union;

                                          (iv)

                                             including reporting to ICAO on the implementation of the global air navigation plan (GANP) and aviation system block upgrades (ASBUs) and ensuring coordination with the EU reporting mechanisms
                                             in agreement with the European Union;

                                          (v)

                                          collection of traffic data and provision of Statfor forecast.

            II.   Centralised services

      The Union's position is that a decision on centralised services should be postponed at this stage.
      The Union is not currently in possession of sufficient information to evaluate the substance of a decision on centralised services. Such a decision may prejudge future activity conducted by Eurocontrol and in a manner that may be detrimental to the Union's activity in this field, in particular as regards Single European Sky Air Traffic Management Research (SESAR).


title: Decision No 1776/2005/EC of the European Parliament and of the Council of 28 September 2005 amending Council Decision 2000/819/EC on a multiannual programme for enterprise and entrepreneurship, and in particular for small- and medium-sized enterprises (SMEs) (2001 to 2005)   (Text with EEA relevance)

text:
               3.11.2005

               EN

               Official Journal of the European Union

               L 289/14

      DECISION No 1776/2005/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 28 September 2005
   amending Council Decision 2000/819/EC on a multiannual programme for enterprise and entrepreneurship, and in particular for small and medium-sized enterprises (SMEs) (2001 to 2005)
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 157(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               It is essential to ensure the continuity of Community support for enterprise and entrepreneurship, and in particular for small and medium-sized enterprises (SMEs).

               (2)

               It is therefore appropriate to extend the period of validity of Decision 2000/819/EC (3) by another year until 31 December 2006 and increase the financial reference amount by EUR 88,5 million.

               (3)

               Decision 2000/819/EC should be amended accordingly.

               (4)

               The Committee of the Regions was consulted, but has not delivered an opinion,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   Decision 2000/819/EC is hereby amended as follows:

               1.

               in Article 7(1), the financial reference amount of ‘EUR 450 million’ shall be replaced by ‘EUR 538 500 000’;

               2.

               in Article 8, the date of 31 December 2005 shall be replaced by that of 31 December 2006.

         Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Strasbourg, 28 September 2005.

            For the European Parliament

            The President

         J. BORRELL FONTELLES

            For the Council

            The President

         D. ALEXANDER

      (1)  Opinion delivered on 9 March 2005 (not yet published in the Official Journal).

      (2)  Opinion of the European Parliament of 26 May 2005 (not yet published in the Official Journal) and Council Decision of 18 July 2005.

      (3)  OJ L 333, 29.12.2000, p. 84. Decision as last amended by Decision No 593/2004/EC of the European Parliament and of the Council (OJ L 268, 16.8.2004, p. 3).


Avis juridique important

|

31999D0285

Decision of the European Central Bank of 1 December 1998 laying down the measures necessary for the paying-up of the capital of the European Central Bank by the non- participating national central banks (ECB/1998/14)

Official Journal L 110 , 28/04/1999 P. 0033 - 0034

DECISION OF THE EUROPEAN CENTRAL BANKof 1 December 1998laying down the measures necessary for the paying-up of the capital of the European Central Bank by the non-participating national central banks(ECB/1998/14)(1999/285/EC)THE GENERAL COUNCIL OF THE EUROPEAN CENTRAL BANK,Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter referred to as the "Statute") and in particular to Article 48 thereof,(1) Whereas the European Central Bank (ECB) was established on 1 June 1998;(2) Whereas the capital of the ECB shall amount to ECU 5000million and shall become operational as of 1 June 1998;(3) Whereas the national banks of the Member States shall be the sole subscribers to and holders of the capital of the ECB;(4) Whereas the subscription to the ECB's capital shall be in accordance with Article 1 of the ECB Decision on the method to be applied for determining the national central banks' percentage shares in the key for the capital of the European Central Bank (ECB/1998/1);(5) Whereas the Governing Council of the ECB shall determine the extent to which and the form in which the capital shall be paid up;(6) Whereas national central banks of non-participating Member States shall not pay up their subscribed capital unless the General Council of the ECB decides that a minimal percentage has to be paid up as a contribution to the operational costs of the ECB;(7) Whereas, in accordance with Article 2.1 of EU Council Regulation (EC) No 1103/97 of 17 June 1997, the euro shall be substituted for the ECU on a 1:1 basis as from 1 January 1999,HAS ADOPTED THIS DECISION:Article 1Extent to which the capital shall be paid up by the national central banks of the non-participating Member States1.1. The national central banks of non-participating Member States shall pay up 5 % of their subscription to the ECB's capital. The amounts are due as at 1 June 1998.1.2. The Annex to this Decision specifies the individual amounts due from each of the national central banks of the non-participating Member States.Article 2Manner in which the capital shall be paid upAmounts due to the ECB from the national central banks of the non-participating Member States in accordance with the previous Article shall be settled by offsetting them against repayments of their respective contributions to the financial resources of the European Monetary Institute, and this settlement shall constitute payments of the subscribed capital of the ECB.Article 3Final provisionThis Decision shall be published in the Official Journal of the European Communities.Done at Frankfurt am Main, 1 December 1998.The President of the ECBWillem F. DUISENBERGANNEXAmounts due as at 1 June 1998 from the national central banks of the non-participating Member States, being 5 % of their subscribed capital, according to the weightings assigned in the key for subscription of the ECB's capital of ECU 5000 million>TABLE>


title: 2007/757/EC: Commission Decision of 14 November 2007 on a financial contribution from the Community towards certain measures in the field of animal health and welfare and certain technical and scientific measures

text:
               23.11.2007

               EN

               Official Journal of the European Union

               L 305/52

      COMMISSION DECISION

   of 14 November 2007
   on a financial contribution from the Community towards certain measures in the field of animal health and welfare and certain technical and scientific measures
   (2007/757/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Articles 17 and 20 thereof,
   Whereas:

               (1)

               Decision 90/424/EEC lays down the procedures governing financial contributions from the Community towards specific veterinary measures, including measures in the field of animal health and welfare and technical and scientific measures.

               (2)

               More particularly, the Community is to make a financial contribution to the establishment of an information policy in the field of animal health and welfare, including the performance of studies necessary for the preparation and development of legislation in the field of animal welfare. The Community is also to undertake, or assist the Member States or international organisations in undertaking, the technical and scientific measures necessary for the development of Community veterinary legislation and for the development of veterinary education or training.

               (3)

               Emerging animal breeding technologies, such as animal cloning conducted by somatic cell nuclear transfer (SCNT), are used for research purposes. SCNT, which is expected to be used in livestock breeding and food production in the future, may have an impact on animal health and animal welfare, but also carries an ethical and societal dimension. It is therefore necessary, in addition to the ongoing consultation of the European Food Safety Authority and the European Groups on Ethics, to carry out an Eurobarometer survey to investigate the attitudes of consumers towards the possible use of SCNT in the agro-food sector and, in particular, the need for information about the use of the technology in the food chain and ways in which consumers may wish to be informed. The results of the Eurobarometer survey will provide necessary information for the evaluation of the need for Community legislation in this area. A financial contribution from the Community should therefore be granted towards the financing of that survey.

               (4)

               Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 (2) requires that the Commission establishes a new range of maximum and minimum temperatures for the transport of animals.

               (5)

               In addition, in 2004 the European Food Safety Authority adopted an opinion on standards for microclimate inside animal road transport vehicles (3). It is therefore necessary to establish the temperature conditions under which animals are transported over long journeys in the Community and to carry out a study for that purpose. The study will provide the information necessary for the preparation and development of legislation in the field of animal protection. A financial contribution from the Community should therefore be granted towards the financing of that study.

               (6)

               The Communication from the Commission to the European Parliament and to the Council on a Community Action Plan on the Protection and Welfare of Animals 2006 to 2010 (4) calls for full support for the animal welfare activities of international organisations such as the World Organisation for Animal Health (OIE).

               (7)

               In 2005, the OIE adopted guidelines on animal welfare concerning the transport of animals by land and sea, the slaughter of animals for human consumption and the humane killing of animals for disease control. The OIE intends to further develop those guidelines and to take measures to ensure their implementation by OIE member countries, in particular by providing training and guidance.

               (8)

               The planned training and communication events of the OIE are necessary for the development of veterinary legislation in force, and also the development of veterinary education and training, in the participating countries. Such improvements in third countries respond to the wish of the majority of European citizens (5) that the animal welfare conditions in countries exporting to the Community are equivalent to those applied in the Community. The Community should therefore contribute towards the financing of these events.

               (9)

               The incursion of bluetongue into Belgium, Germany, France, Luxembourg and the Netherlands is unprecedented. To limit the negative consequences of that incursion, it is necessary that the most up-to-update scientific knowledge is made available to veterinarians, in order to enhance the passive clinical surveillance based on rapid identification and notification of suspicions, that constitute an essential part of the bluetongue contingency plans.

               (10)

               In addition, the OIE and the Community intend to co-edit a booklet on the bluetongue epidemic in those Member States, containing up-to-date information and describing the Community policy on bluetongue control. It is therefore appropriate to make a Community financial contribution to the OIE activities and to finance the edition and publication of that booklet.

               (11)

               The publication of this booklet will make a significant contribution to the development of the necessary veterinary education and training and will be an essential tool for the development of national and Community bluetongue surveillance programmes that are an important part of bluetongue veterinary legislation.

               (12)

               The payment of the financial contribution from the Community should be made subject to the condition that the actions planned have actually been carried out and that all necessary information is supplied.

               (13)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS DECIDED AS FOLLOWS:
   Article 1
   A Community financial contribution, as provided for in Article 16 of Decision 90/424/EEC, for a Eurobarometer survey on the possible use of animal cloning in the agro-food sector, up to a maximum amount of EUR 250 000, is hereby approved.
   Article 2
   A Community financial contribution, as provided for in Article 16 of Decision 90/424/EEC, of a study on temperatures under which animals are transported over long journeys, up to a maximum amount of EUR 300 000, is hereby approved.
   Article 3
   A Community financial contribution, as provided for in Article 19 of Decision 90/424/EEC, for the financing of training seminars on the implementation of the OIE Guidelines on animal welfare, organised by the World Organisation for Animal Health (OIE), up to a maximum amount of EUR 100 000 to the World Animal Health and Welfare Fund, is hereby approved.
   Article 4
   A Community financial contribution, as provided for in Article 19 of Decision 90/424/EEC, for the edition of approximately 1 800 copies of a booklet on bluetongue, at a maximum rate of 50 % of eligible costs and up to a maximum amount of EUR 10 000 to the World Organisation for Animal Health (OIE), is hereby approved.

      Done at Brussels, 14 November 2007.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 224, 18.8.1990, p. 19. Decision as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

      (2)  OJ L 3, 5.1.2005, p. 1.

      (3)  The EFSA Journal (2004), 122, 1-25, Standards for microclimate inside animal road transport vehicles.

      (4)  COM(2006) 13 final.

      (5)  Special Eurobarometer 270: Attitudes of EU citizens towards Animal Welfare, http://ec.europa.eu/food/animal/welfare/survey/sp_barometer_aw_en.pdf, p. 32.


title: Political and Security Committee Decision (CFSP) 2017/1177 of 26 June 2017 on the appointment of the EU Mission Force Commander of the European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) (EUTM RCA/2/2017)

text:
               1.7.2017

               EN

               Official Journal of the European Union

               L 170/96

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2017/1177
   of 26 June 2017
   on the appointment of the EU Mission Force Commander of the European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) (EUTM RCA/2/2017)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 38 thereof,
   Having regard to Council Decision (CFSP) 2016/610 of 19 April 2016 on a European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) (1), and in particular Article 5 thereof,
   Whereas:

               (1)

               Pursuant to Article 5(1) of Decision (CFSP) 2016/610, the Council authorised the Political and Security Committee (PSC), in accordance with Article 38 of the Treaty on European Union, to take the relevant decisions concerning the political control and strategic direction of EUTM RCA, including the decisions on the appointment of subsequent EU Mission Commanders.

               (2)

               On 10 January 2017, the PSC adopted Decision (CFSP) 2017/112 (2) appointing Brigadier General Herman RUYS as the EU Mission Commander of EUTM RCA.

               (3)

               Council Decision (EU) 2017/971 (3) amended the chain of command of EUTM RCA. Consequently, Decision (CFSP) 2017/112 was repealed, and Brigadier General Herman RUYS was appointed as the EU Mission Force Commander of EUTM RCA.

               (4)

               On 24 May 2017, the EU Military Committee recommended the approval of the nomination of Brigadier General Fernando GARCÍA BLÁZQUEZ, proposed by the Eurocorps Common Committee, to succeed Brigadier General Herman RUYS as the EU Mission Force Commander of EUTM RCA as from 24 July 2017.

               (5)

               In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications. Consequently, Denmark is not participating in the adoption of this Decision and is neither bound by it nor subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   Brigadier General Fernando GARCÍA BLÁZQUEZ is hereby appointed as the EU Mission Force Commander of the European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) as from 24 July 2017.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 26 June 2017.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 104, 20.4.2016, p. 21.

      (2)  Political and Security Committee Decision (CFSP) 2017/112 of 10 January 2017 appointing the EU Mission Commander for the European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) (EUTM RCA/1/2017) (OJ L 18, 24.1.2017, p. 47).

      (3)  Council Decision (EU) 2017/971 of 8 June 2017 determining the planning and conduct arrangements for EU non-executive military CSDP missions and amending Decisions 2010/96/CFSP on a European Union military mission to contribute to the training of Somali security forces, 2013/34/CFSP on a European Union military mission to contribute to the training of the Malian armed forces (EUTM Mali) and (CFSP) 2016/610 on a European Union CSDP military training mission in the Central African Republic (EUTM RCA) (OJ L 146, 9.6.2017, p. 133).


title: 2009/192/EC: Decision of the European Parliament of 22 April 2008 on discharge in respect of the implementation of the European Union general budget for the financial year 2006, section V — Court of Auditors

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 88/76

         DECISION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   on discharge in respect of the implementation of the European Union general budget for the financial year 2006, section V — Court of Auditors
   (2009/192/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2006 (1),
   having regard to the final annual accounts of the European Communities for the financial year 2006 — Volume I (C6-0366/2007) (2),
   having regard to the Court of Auditors' annual report to the discharge authority on internal audits carried out in 2006,
   having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2006 and the Court of Auditors' special reports, together with the audited institutions' replies (3),
   having regard to the report by the External Auditor on the Court of Auditors' accounts for the financial year 2006 (4)

   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (5),
   having regard to Articles 272(10), 274, 275 and 276 of the EC Treaty,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (6), and in particular Articles 50, 86, 145, 146 and 147 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A6-0093/2008),

               1.

               Grants the Secretary-General of the Court of Auditors discharge in respect of the implementation of the Court of Auditors budget for the financial year 2006;

               2.

               Sets out its observations in the Resolution below;

               3.

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

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ L 78, 15.3.2006.

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

      (3)  OJ C 273, 15.11.2007, p. 1.

      (4)  OJ C 292, 5.12.2007, p. 1.

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

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

               31.3.2009

               EN

               Official Journal of the European Union

               L 88/77

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   with observations forming an integral part of the decision on discharge in respect of the implementation of the European Union general budget for the financial year 2006, section V — Court of Auditors
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2006 (1),
   having regard to the final annual accounts of the European Communities for the financial year 2006 — Volume I (C6-0366/2007) (2),
   having regard to the Court of Auditors' annual report to the discharge authority on internal audits carried out in 2006,
   having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2006 and the Court of Auditors' special reports, together with the audited institutions' replies (3),
   having regard to the report by the External Auditor on the Court of Auditors' accounts for the financial year 2006 (4)

   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (5),
   having regard to Articles 272(10), 274, 275 and 276 of the EC Treaty,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (6), and in particular Articles 50, 86, 145, 146 and 147 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A6-0093/2008),

               1.

               Notes that in 2006 the European Court of Auditors (ECA) had available commitment appropriations amounting to a total of EUR 113 596 668,31 (2005: EUR 107 548 618,24), with a utilisation rate of 89 %, below the average of the other institutions;

               2.

               Notes that, following the introduction of accrual accounting with effect from 1 January 2005, the ECA's financial statements disclose a negative economic out-turn for the financial year 2006 (EUR 32 000) and an excess of liabilities over assets of EUR 11 418 000;

               3.

               Recalls that as regards the financial year 2006 (as was also the case for the financial year 2005) the ECA's accounts were audited by an external firm, KPMG, which concluded that: ‘[…] the financial statements give a true and fair view of the financial position of the European Court of Auditors as at 31 December 2006 and of its operating results for the year then ended, in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002, the implementing rules thereof, generally accepted accounting principles and the European Court of Auditors’ Internal Rules.’;

               4.

               Notes the written answer provided by the ECA to the rapporteur's questionnaire as regards the accounting of the pensions of former Members of the ECA, according to which the pension liability as at 31 December 2006 is presented by the ECA on its balance sheet and the guarantee by Member States is disclosed in the notes of the same balance sheet, but not accounted for as a long term claim against Member States; further notes that in the financial year 2006 pension payments by the ECA to Members amounted to EUR 2,3 million;

               5.

               Reiterates its opinion that both the liability for future pension payments and also the long-term claim against the Member States — by virtue of their guaranteeing the financing of the pension scheme — should be included in the balance sheet in order to give a clear picture of existing liabilities and of the true cost of auditing in the EU, as well as to reflect the principles of accrual accounting applicable from 1 January 2005;

               6.

               Notes that the 2006 report of the ECA's Internal Auditor was largely positive, establishing that the quality of tender files and contracts was satisfactory although ‘the choice of simplified or derogatory procedures could have been better justified and the documentation at the level of assessments of the offers should be improved’; welcomes in this context that all the recommendations put forward by the Internal Auditor (strengthening of appropriate procurement training and the recording of all contracts in a single database) have been acted upon;

               7.

               Notes with concern that, according to the replies to the rapporteur's questionnaire, the ECA continues to face recruitment difficulties as regards professionally qualified staff for several posts from competitions organised by EPSO in part due to the higher cost of living in Luxembourg and the lesser attractiveness of the salary at the basic AD 5 grade; welcomes however the significant decrease in the number of vacant posts from 74 in 2006 to 56 in 2007 and commends the ECA's intention to further reduce the number of vacant posts and their relative share in the total establishment plan in the current and coming years;

               8.

               Notes that five new Members joined the ECA in the course of 2006; reiterates its hope that it will be possible to devise a more rational structure for the ECA before the next enlargement; asks the ECA to consider existing models with a view to reducing the total number of Members; reiterates its call for consideration of proposals to introduce a rotating system similar to that applying to the Governing Council of the ECB or a system with a single Auditor-General; calls on the ECA to keep Parliament informed of the follow-up to this recommendation up to 30 September 2008;

               9.

               Notes that the ECA has adopted a new manual for performance auditing and a plan to further develop the IT audit and adjust the organisation of audit groups to reflect the impact of activity-based budgeting on auditing; further notes that ECA carried out a self-assessment exercise in the course of 2006 resulting in an action plan;

               10.

               Observes that this action plan is the subject of peer review by an international peer review team; requests that the President of the ECA give an update on the development of the review and the implementation of the action plan;

               11.

               Notes in relation to declarations of Members' financial interests that in compliance with the ECA's Code of Conduct, ECA Members communicate a declaration of their financial interests and other assets (including shares, convertible bonds and investment certificates as well as land and real estate, together with their spouses' professional activities) to the President of the ECA, who keeps them under confidential custody, and that these declarations are not published;

               12.

               Reiterates its call that, as a matter of principle and in the interest of transparency, Members of all EU institutions should be required to submit a declaration of financial interests which should be accessible on the Internet via a public register; expresses its disappointment that, contrary to its request of last year, the ECA did not inform Parliament by 30 September 2007 of what appropriate measures it would take in this respect.

      (1)  OJ L 78, 15.3.2006.

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

      (3)  OJ C 273, 15.11.2007, p. 1.

      (4)  OJ C 292, 5.12.2007, p. 1.

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

      (6)  OJ L 248, 16.9.2002, p. 1.


title: Council Decision 2009/597/CFSP of 27 July 2009 on the signing and provisional application of the Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Operation Atalanta)

text:
               4.8.2009

               EN

               Official Journal of the European Union

               L 202/83

         COUNCIL DECISION 2009/597/CFSP
   of 27 July 2009
   on the signing and provisional application of the Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Operation Atalanta)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               On 10 November 2008, the Council adopted Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1) (Operation Atalanta).

               (2)

               Article 10(3) of that Joint Action provides that detailed modalities for the participation by third States shall be the subject of agreements concluded in accordance with Article 24 of the Treaty.

               (3)

               Following authorisation by the Council on 13 September 2004, the Presidency, assisted by the Secretary-General of the Council of the European Union/High Representative for the Common Foreign and Security Policy, negotiated an Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in Operation Atalanta (the Agreement).

               (4)

               The Agreement should be signed, subject to its conclusion.

               (5)

               The provisions of the Agreement should be applied on a provisional basis, pending its entry into force,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Operation Atalanta) is hereby approved on behalf of the European Union, subject to the conclusion of the Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Union, subject to its conclusion.
   Article 3
   In accordance with Article 10(2) of the Agreement, the Agreement shall be applied on a provisional basis from the date of its signature, pending its entry into force.
   Article 4
   This Decision shall take effect on the day of its adoption.
   Article 5
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 27 July 2009.

            For the Council

            The President

         C. BILDT

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

               4.8.2009

               EN

               Official Journal of the European Union

               L 202/84

         AGREEMENT
   between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Operation Atalanta)
   THE EUROPEAN UNION (EU),
   of the one part, and
   THE REPUBLIC OF CROATIA,
   of the other part,
   hereinafter referred to as the ‘Parties’,
   TAKING INTO ACCOUNT:
   the adoption by the Council of the European Union of Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1) (operation Atalanta),
   the invitation by the EU to the Republic of Croatia to participate in the EU-led operation,
   the successful completion of the Force Generation process and the recommendation by the EU Operation Commander and the EU Military Committee to agree on the participation of the Republic of Croatia's forces in the EU-led operation,
   the Political and Security Committee Decision ATALANTA/2/2009 of 21 April 2009 on the acceptance of third States’ contributions to the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) (2) and the Political and Security Committee Decision ATALANTA/3/2009 of 21 April 2009 on the setting up of the Committee of Contributors for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) (3), both as amended by Political and Security Committee Decision ATALANTA/5/2009 of 10 June 2009 (4),
   the decision by the Republic of Croatia of 3 April 2009 to participate in Operation Atalanta,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Participation in the operation
   1.   The Republic of Croatia shall associate itself with Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (operation Atalanta), and with any Joint Action or Decision by which the Council of the European Union decides to extend the EU military crisis management operation, in accordance with the provisions of this Agreement and any required implementing arrangements.
   2.   The contribution of the Republic of Croatia to operation Atalanta is without prejudice to the decision-making autonomy of the European Union.
   3.   The Republic of Croatia shall ensure that its forces and personnel participating in the EU military crisis management operation undertake their mission in conformity with:

               —

               Joint Action 2008/851/CFSP and possible subsequent amendments,

               —

               the Operation Plan,

               —

               any implementing measures.

         4.   Forces and personnel seconded to the operation by the Republic of Croatia shall carry out their duties and conduct themselves solely with the interest of the EU military crisis management operation in mind.
   5.   The Republic of Croatia shall inform the EU Operation Commander in due time of any change to its participation in the operation.
   Article 2
   Status of forces
   1.   The status of the forces and personnel contributed to operation Atalanta by the Republic of Croatia shall be governed by the agreement on the status of forces concluded between the European Union and Somalia, Djibouti or any other country in the region with which such an agreement will have been concluded for the purposes of the operation, or by the unilateral declaration on the status of forces issued by Kenya or any country in the region which will have issued such a declaration for the purposes of the operation.
   2.   The status of the forces and personnel contributed to headquarters or command elements located outside the joint operation area, shall be governed by arrangements between the Host State of the headquarters and command elements concerned and the Republic of Croatia.
   3.   Without prejudice to the agreement on the status of forces referred to in paragraph 1, the Republic of Croatia shall exercise jurisdiction over its forces and personnel participating in the EU military crisis management operation.
   4.   The Republic of Croatia shall be responsible for answering any claims linked to the participation in operation Atalanta, from or concerning any of its forces and personnel. The Republic of Croatia shall be responsible for bringing any action, in particular legal or disciplinary, against any of its forces and personnel, in accordance with its laws and regulations.
   5.   The Republic of Croatia undertakes to make a declaration as regards the waiver of claims against any State participating in operation Atalanta, and to do so when signing this Agreement.
   6.   European Union Member States undertake to make a declaration as regards the waiver of claims, for the participation of the Republic of Croatia in operation Atalanta, and to do so when signing this Agreement.
   Article 3
   Conditions of transfer of persons arrested and detained with a view to their prosecution
   If the Republic of Croatia exercises its jurisdiction upon persons having committed or suspected of having committed acts of piracy, or acts of armed robbery in Somali territorial waters, the transfer of persons arrested with a view to their prosecution and detained by European Union-led naval force (EUNAVFOR) and seized property in the possession of EUNAVFOR, from EUNAVFOR to the Republic of Croatia, shall be carried out under the conditions set out in Annex, which forms an integral part of this Agreement.
   Article 4
   Classified information
   The provisions of the Agreement between the European Union and the Republic of Croatia on security procedures for the exchange of classified information (5) shall apply in the context of operation Atalanta.
   Article 5
   Chain of command
   1.   All forces and personnel participating in the EU military crisis management operation shall remain under the full command of their national authorities.
   2.   National authorities shall transfer the Operational and Tactical command and/or control of their forces and personnel to the EU Operation Commander. The EU Operation Commander is entitled to delegate his authority.
   3.   The Republic of Croatia shall have the same rights and obligations in terms of the day-to-day management of the operation as participating European Union Member States.
   4.   The EU Operation Commander may — following consultations with the Republic of Croatia — at any time request the withdrawal of the Republic of Croatia's contribution.
   5.   A Senior Military Representative (SMR) shall be appointed by the Republic of Croatia to represent its national contingent in the EU military crisis management operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for day-to-day contingent discipline.
   Article 6
   Financial aspects
   1.   The Republic of Croatia shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 1(1) of this Agreement, as well as in Council Decision 2008/975/CFSP of 18 December 2008 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) (6).
   2.   Operation Atalanta shall provide logistic support to the Croatian contingent on a cost reimbursement basis under the conditions provided in the implementing arrangements referred to in Article 7. Administrative management of related expenditure shall be entrusted to Athena.
   3.   In the event of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, the Republic of Croatia shall, when its liability has been established, pay compensation under the conditions foreseen in the agreement on status of forces, if available, as referred to in Article 2(1) of the Agreement.
   Article 7
   Arrangements to implement the Agreement
   Any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Secretary-General of the Council of the European Union/High Representative for the Common Foreign and Security Policy or the EU Operation Commander and the appropriate authorities of the Republic of Croatia.
   Article 8
   Non compliance
   Should one of the Parties fail to comply with its obligations laid down in the previous Articles, the other Party shall have the right to terminate this Agreement by serving a notice of one month.
   Article 9
   Dispute settlement
   Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
   Article 10
   Entry into force
   1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.
   2.   This Agreement shall be provisionally applied from the date of signature.
   3.   This Agreement shall remain in force for the duration of the Republic of Croatia's contribution to the operation.

      Done at Brussels on 27 July 2009 in two originals in the English language.

            For the European Union

            For the Republic of Croatia

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

      (2)  OJ L 109, 30.4.2009, p. 52.

      (3)  OJ L 119, 14.5.2009, p. 40.

      (4)  OJ L 148, 11.6.2009, p. 34.

      (5)  OJ L 116, 29.4.2006, p. 74.

      (6)  OJ L 345, 23.12.2008, p. 96.
   ANNEX

      Provisions on the conditions and modalities for the transfer of persons suspected of having committed acts of piracy or acts of armed robbery in Somalia’s territorial sea, and detained by the European Union-led naval force (EUNAVFOR), and seized property in the possession of EUNAVFOR, from EUNAVFOR to the Republic of Croatia and for their treatment after such transfer

   1.   Definitions
   For the purposes of this Agreement:

               (a)

               ‘Piracy’ means piracy as defined in Article 101 of UNCLOS;

               (b)

               ‘Armed robbery’ means acts as defined in paragraph (a) when committed in a coastal State’s territorial sea within the area of the Operation;

               (c)

               ‘Transferred person’ means any person suspected of intending to commit, committing, or having committed, acts of piracy or armed robbery transferred by EUNAVFOR to the Republic of Croatia under this Agreement.

         2.   General principles

               (a)

               The Republic of Croatia may accept, upon the request of EUNAVFOR, the transfer of persons detained by EUNAVFOR in connection with piracy or armed robbery and associated seized property by EUNAVFOR and submit such persons and property to its competent authorities for the purpose of investigation and prosecution.

               (b)

               EUNAVFOR shall, when acting under this Agreement, only transfer persons to the competent law enforcement authorities of the Republic of Croatia.

               (c)

               The Republic of Croatia confirms that persons transferred under these provisions, both prior to and following transfer, shall be treated humanely and in accordance with international human rights obligations, including the prohibition against torture and cruel, inhumane and degrading treatment or punishment, the prohibition of arbitrary detention and in accordance with the requirement to have a fair trial.

         3.   Treatment, prosecution and trial of transferred persons

               (a)

               Any transferred person shall be treated humanely and shall not be subject to torture or cruel, inhuman or degrading treatment or punishment, shall receive adequate accommodation and nourishment, access to medical treatment and shall be able to carry out religious observance.

               (b)

               Any transferred person shall be brought promptly before a judge or other officer authorised by law to exercise judicial power, who shall decide without delay on the lawfulness of his detention and shall order his release if the detention is not lawful.

               (c)

               Any transferred person shall be entitled to trial within a reasonable time or to release.

               (d)

               In the determination of any criminal charge against him, any transferred person shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.

               (e)

               Any transferred person charged with a criminal offence shall be presumed innocent until proved guilty according to law.

               (f)

               In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:

                           1.

                           to be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;

                           2.

                           to have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;

                           3.

                           to be tried without undue delay;

                           4.

                           to be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

                           5.

                           to examine, or have examined, all evidence against him, including affidavits of witnesses who conducted the arrest, and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

                           6.

                           to have the free assistance of an interpreter if he cannot understand or speak the language used in court;

                           7.

                           not to be compelled to testify against himself or to confess guilt.

               (g)

               Any transferred person convicted of a crime shall be permitted the right to have his conviction and sentence reviewed by or appealed to a higher tribunal in accordance with the law of Republic of Croatia.

               (h)

               The Republic of Croatia shall not transfer any transferred person to any other State for the purposes of investigation or prosecution without prior written consent from EUNAVFOR.

         4.   Death penalty
   No transferred person shall be sentenced or liable to the death penalty or be the subject of an application for the death penalty.
   5.   Records and notifications

               (a)

               Any transfer shall be the subject of an appropriate document signed by a representative of EUNAVFOR and a representative of the competent authorities of the Republic of Croatia law enforcement authorities.

               (b)

               EUNAVFOR shall provide detention records to the Republic of Croatia with regard to any transferred person. These records shall include, so far as possible, the physical condition of the transferred person while in detention, the time of transfer to the Republic of Croatia’s authorities, the reason for his detention, the time and place his detention commenced, and any decisions taken with regard to his detention.

               (c)

               The Republic of Croatia shall be responsible for keeping an accurate account of any transferred person, including but not limited to keeping records of any seized property, the person’s physical condition, the location of his place of detention, any charges against him and any significant decisions taken in the course of his prosecution and trial.

               (d)

               These records shall be available to representatives of the EU and EUNAVFOR upon request in writing to the Ministry of Foreign Affairs of the Republic of Croatia.

               (e)

               In addition, the Republic of Croatia shall notify EUNAVFOR of the place of detention of any person transferred under this Agreement, any deterioration of his physical condition and of any allegations of alleged improper treatment. Representatives of the EU and EUNAVFOR shall have access to any person transferred under this Agreement as long as such persons are in custody and shall be entitled to question them.

               (f)

               At their request, national and international humanitarian agencies shall be allowed to visit persons transferred under this Agreement.

               (g)

               For the purposes of ensuring that EUNAVFOR is able to provide timely assistance to the Republic of Croatia, with attendance of witnesses from EUNAVFOR and the provision of relevant evidence, the Republic of Croatia shall notify EUNAVFOR of its intention to initiate criminal trial proceedings against any transferred person and the timetable for provision of evidence, and the hearing of evidence.

         6.   EUNAVFOR Assistance

               (a)

               EUNAVFOR, within its means and capabilities, shall provide all assistance to the Republic of Croatia with a view to the investigation and prosecution of transferred persons.

               (b)

               In particular, EUNAVFOR shall:

                           1.

                           hand over detention records drawn up pursuant to paragraph 5(b) of these provisions;

                           2.

                           process any evidence in accordance with the requirements of the competent authorities of the Republic of Croatia as agreed in the implementing arrangements described in paragraph 8 below;

                           3.

                           endeavour to produce statements of witnesses or affidavits by EUNAVFOR personnel involved in any incident in relation to which persons have been transferred under these provisions;

                           4.

                           hand over all relevant seized property in the possession of EUNAVFOR.

         7.   Relationship to other rights of transferred persons
   Nothing in these provisions is intended to derogate or may be construed as derogating from any rights that a transferred person may have under applicable domestic or international law.
   8.   Implementing arrangements

               (a)

               For the purposes of the application of these provisions, operational, administrative and technical matters may be the subject of implementing arrangements to be approved between the competent authorities of the Republic of Croatia on the one hand and the competent EU authorities as well as the competent authorities of the States providing a national contingent for EUNAVFOR on the other hand.

               (b)

               Implementing arrangements may, inter alia, cover:

                           1.

                           The identification of competent law enforcement authorities of the Republic of Croatia to which EUNAVFOR may transfer persons.

                           2.

                           The detention facilities where transferred persons will be held.

                           3.

                           The handling of documents, including those related to the gathering of evidence, which shall be handed over to the competent law enforcement authorities of the Republic of Croatia upon transfer of a person.

                           4.

                           Points of contacts for notifications.

                           5.

                           Forms to be used for transfers.


title: 2014/348/EU: Council Decision of 5 June 2014 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms

text:
               13.6.2014

               EN

               Official Journal of the European Union

               L 174/40

         COUNCIL DECISION
   of 5 June 2014
   on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms

      (2014/348/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 46(d), Article 149, Article 153(2)(a), Article 175, third paragraph, and Article 218(9) thereof,
   Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Protocol 31 to the Agreement on the European Economic Area (‘the EEA Agreement’) contains specific provisions and arrangements concerning cooperation in specific fields outside the four freedoms.

               (2)

               It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to include Regulation (EU) No 1296/2013 of the European Parliament and of the Council (2).

               (3)

               Protocol 31 to the EEA Agreement should therefore be amended accordingly, in order to allow for this extended cooperation to take place from 1 January 2014.

               (4)

               The position of the Union within the EEA Joint Committee should therefore be based on the attached draft Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted, on behalf of the European Union, in the EEA Joint Committee on the proposed amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms, shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 5 June 2014.

            For the Council

            The President

         N. DENDIAS

      (1)  OJ L 305, 30.11.1994, p. 6.

      (2)  Regulation (EU) No 1296/2013 of the European Parliament and of the Council of 11 December 2013 on a European Union Programme for Employment and Social Innovation (‘EaSI’) and amending Decision No 283/2010/EU establishing a European Progress Microfinance Facility for employment and social inclusion (OJ L 347, 20.12.2013, p. 238).

      DRAFT
      DECISION OF THE EEA JOINT COMMITTEE No .../2014
      of
      amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
      THE EEA JOINT COMMITTEE,
      Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Articles 86 and 98 thereof,
      Whereas:

                  (1)

                  It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to include Regulation (EU) No 1296/2013 of the European Parliament and of the Council of 11 December 2013 on a European Union Programme for Employment and Social Innovation (‘EaSI’) and amending Decision No 283/2010/EU establishing a European Progress Microfinance Facility for employment and social inclusion (1).

                  (2)

                  Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2014,

            HAS ADOPTED THIS DECISION:
      Article 1
      Article 15 of Protocol 31 to the EEA Agreement shall be amended as follows:

                  1.

                  In paragraph 2, the words ‘and which are carried out before 1 January 2014,’ are added after the words ‘paragraph 1’.

                  2.

                  The following is added in paragraph 8:

                              ‘—

                                 32013 R 1296: Regulation (EU) No 1296/2013 of the European Parliament and of the Council of 11 December 2013 on a European Union Programme for Employment and Social Innovation (“EaSI”) and amending Decision No 283/2010/EU establishing a European Progress Microfinance Facility for employment and social inclusion (OJ L 347, 20.12.2013, p. 238).
                              Liechtenstein shall be exempted from the participation in, and the financial contribution to, this programme. Norway shall participate in, and financially contribute to, only the EURES axis of the programme.’

                  3.

                  The text of paragraph 5 is replaced by the following:
                  ‘The EFTA States shall participate in the Community activities referred to in the first indent of paragraph 8 as from 1 January 1999, in the activities referred to in the second indent as from 1 January 2003 and in the activities referred to in the third indent as from 1 January 2014.’

            Article 2
      This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement (2).
      It shall apply from 1 January 2014.
      Article 3
      This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

         Done at Brussels,

               For the EEA Joint Committee

               The President

               The Secretaries

               to the EEA Joint Committee

         (1)  OJ L 347, 20.12.2013, p. 238.

         (2)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]


title: Decision (EU) 2015/2212 of the European Parliament of 27 October 2015 on discharge in respect of the implementation of the budget of the ENIAC Joint Undertaking for the financial year 2013

text:
               1.12.2015

               EN

               Official Journal of the European Union

               L 314/41

         DECISION (EU) 2015/2212 OF THE EUROPEAN PARLIAMENT
   of 27 October 2015
   on discharge in respect of the implementation of the budget of the ENIAC Joint Undertaking for the financial year 2013
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the ENIAC Joint Undertaking for the financial year 2013,

               —

               having regard to the Court of Auditors' report on the annual accounts of the ENIAC Joint Undertaking for the financial year 2013, together with the Joint Undertaking's replies (1),

               —

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

               —

               having regard to the Council's recommendation of 17 February 2015 on discharge to be given to the Joint Undertaking in respect of the implementation of the budget for the financial year 2013 (05306/2015 — C8-0049/2015),

               —

               having regard to its decision of 29 April 2015 (3) postponing the discharge decision for the financial year 2013, and the replies from the Executive Director of the ECSEL Joint Undertaking (formerly the ENIAC Joint Undertaking),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (4),

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 209 thereof,

               —

               having regard to Council Regulation (EC) No 72/2008 of 20 December 2007 setting up the ENIAC Joint Undertaking (6),

               —

               having regard to Council Regulation (EU) No 561/2014 of 6 May 2014 establishing the ECSEL Joint Undertaking (7), and in particular Article 1(2) and Article 12 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 (8),

               —

               having regard to Commission Delegated Regulation (EU) No 110/2014 of 30 September 2013 on the model financial regulation for public-private partnership bodies referred to in Article 209 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (9),

               —

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

               —

               having regard to the second report of the Committee on Budgetary Control (A8-0285/2015),

               1.

               Grants the Executive Director of the ECSEL Joint Undertaking discharge in respect of the implementation of the ENIAC Joint Undertaking's budget for the financial year 2013;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision and the resolution forming an integral part of it to the Executive Director of the ECSEL Joint Undertaking, 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

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 452, 16.12.2014, p. 26.

      (2)  OJ C 452, 16.12.2014, p. 27.

      (3)  OJ L 255, 30.9.2015, p. 424.

      (4)  OJ L 248, 16.9.2002, p. 1.

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

      (6)  OJ L 30, 4.2.2008, p. 21.

      (7)  OJ L 169, 7.6.2014, p. 152.

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

      (9)  OJ L 38, 7.2.2014, p. 2.