title: 2007/470/EC: Council Decision of 30 May 2007 on the signing and provisional application of the Agreement between the European Community and the Government of the Kyrgyz Republic on certain aspects of air services

text:
               7.7.2007

               EN

               Official Journal of the European Union

               L 179/38

         COUNCIL DECISION
   of 30 May 2007
   on the signing and provisional application of the Agreement between the European Community and the Government of the Kyrgyz Republic on certain aspects of air services
   (2007/470/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (2)

               The Commission has negotiated on behalf of the Community an Agreement with the Kyrgyz Republic on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (3)

               Subject to its possible conclusion at a later date, the Agreement negotiated by the Commission should be signed and provisionally applied,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and the Government of the Kyrgyz Republic on certain aspects of air services is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community, subject to its conclusion.
   Article 3
   Pending its entry into force, the Agreement shall be applied provisionally from the first day of the month following the date on which the Parties have notified each other of the completion of the procedures necessary for this purpose.
   Article 4
   The President of the Council is hereby authorised to make the notification provided in Article 9(2) of the Agreement.

      Done at Brussels, 30 May 2007.

            For the Council

            The President

         F. MÜNTEFERING

    ---documentbreak---

               7.7.2007

               EN

               Official Journal of the European Union

               L 179/39

         AGREEMENT
   between the European Community and the Government of the Kyrgyz Republic on certain aspects of air services
   THE EUROPEAN COMMUNITY
   of the one part, and
   THE GOVERNMENT OF THE KYRGYZ REPUBLIC
   of the other part
   (hereinafter referred to as the Parties)
   NOTING that bilateral air service agreements have been concluded between several Member States of the European Community and the Kyrgyz Republic containing provisions contrary to Community law,
   NOTING that the European Community has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries,
   NOTING that under European Community law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the European Community and third countries,
   HAVING REGARD to the agreements between the European Community and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with European Community law,
   RECOGNISING that certain provisions of the bilateral air service agreements between Member States of the European Community and the Kyrgyz Republic, which are contrary to European Community law, must be brought into conformity with it in order to establish a sound legal basis for air services between the European Community and the Kyrgyz Republic and to preserve the continuity of such air services,
   RECOGNISING that provisions in bilateral air service agreements concluded between Member States of the European Community and the Kyrgyz Republic which (i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition between air carriers in the relevant routes; or (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to air carriers or other private economic operators the responsibility for taking measures that prevent, distort or restrict competition between air carriers in the relevant routes may render ineffective the competition rules applicable to undertakings,
   HAVE AGREED AS FOLLOWS:
   Article 1
   General provisions
   1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community.
   2.   References in each of the agreements listed in Annex I to nationals of the Member State that is a party to that agreement shall be understood as referring to nationals of the Member States of the European Community.
   3.   References in each of the agreements listed in Annex I to air carriers or airlines of the Member State that is a party to that agreement shall be understood as referring to air carriers or airlines designated by that Member State.
   4.   The granting of traffic rights continues to be carried out through already existing or future bilateral arrangements.
   Article 2
   Designation by a Member State
   1.   The provisions in paragraphs 2 and 3 of this Article shall supersede the corresponding provisions in the articles listed in Annex II(a) and (b) respectively, in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by the Kyrgyz Republic, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   2.   On receipt of a designation by a Member State, the Kyrgyz Republic shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (i)

               the air carrier is established, under the Treaty establishing the European Community, in the territory of the designating Member State and has a valid Operating Licence in accordance with European Community law;

               (ii)

               effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its Air Operator's Certificate and the relevant aeronautical authority is clearly identified in the designation; and

               (iii)

               the air carrier is owned, directly or through majority ownership, and it is effectively controlled by Member States and/or nationals of Member States, and/or by other States listed in Annex III and/or nationals of such other States.

         3.   The Kyrgyz Republic may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:

               (i)

               the air carrier is not established, under the Treaty establishing the European Community, in the territory of the designating Member State or does not have a valid Operating Licence in accordance with European Community law;

               (ii)

               effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its Air Operator's Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or

               (iii)

               the air carrier is not owned, directly or through majority ownership, or it is not effectively controlled by Member States and/or nationals of Member States, and/or by other states listed in Annex III and/or nationals of such other states.

         In exercising its right under this paragraph, the Kyrgyz Republic shall not discriminate between Community air carriers on the grounds of nationality.
   Article 3
   Safety
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the articles listed in Annex II(c).
   2.   Where a Member State has designated an air carrier whose regulatory control is exercised and maintained by another Member State, the rights of the Kyrgyz Republic under the safety provisions of the agreement between the Member State that has designated the air carrier and the Kyrgyz Republic shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State and in respect of the operating authorisation of that air carrier.
   Article 4
   Taxation of aviation fuel
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the articles listed in Annex II(d).
   2.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex II(d) shall prevent a Member State from imposing, on a non-discriminatory basis, taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of the Kyrgyz Republic that operates between a point in the territory of that Member State and another point in the territory of that Member State or in the territory of another Member State.
   Article 5
   Tariffs for carriage within the European Community
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the articles listed in Annex II(e).
   2.   The tariffs to be charged by the air carrier(s) designated by the Kyrgyz Republic under an agreement listed in Annex I containing a provision listed in Annex II(e) for carriage wholly within the European Community shall be subject to European Community law.
   Article 6
   Compatibility with competition rules
   1.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex I shall (i) favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent or distort competition; (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to private economic operators the responsibility for taking measures that prevent, distort or restrict competition.
   2.   The provisions contained in the agreements listed in Annex I that are incompatible with paragraph 1 of this Article shall not be applied.
   Article 7
   Annexes to the Agreement
   The Annexes to this Agreement shall form an integral part thereof.
   Article 8
   Revision or amendment
   The Parties may, at any time, revise or amend this Agreement by mutual consent.
   Article 9
   Entry into force and provisional application
   1.   This Agreement shall enter into force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
   2.   Notwithstanding paragraph 1, the Parties agree to provisionally apply this Agreement from the first day of the month following the date on which the Parties have notified each other of the completion of the procedures necessary for this purpose.
   3.   This Agreement shall apply to all Agreements and other arrangements between Member States and the Kyrgyz Republic listed in Annex I which, at the date of signature of this Agreement, have not yet entered into force, upon their entry into force or provisional application.
   Article 10
   Termination
   1.   In the event that an agreement listed in Annex I is terminated, all provisions of this Agreement that relate to the agreement listed in Annex I concerned shall terminate at the same time.
   2.   In the event that all agreements listed in Annex I are terminated, this Agreement shall terminate at the same time.

      IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
      Done at Brussels in duplicate, on this first day of June 2007 in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish, Russian and Kyrgyz languages.

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

         За правителствοтο на Рeпублика Киргизстан
         Por el Gobierno de la República Kirguisa
         Za vládu Kyrgyzské republiky
         For Den Kirgisiske Republiks regering
         Für die Regierung der Kirgisischen Republik
         Kirgiisi Vabariigi valitsuse nimel
         Για την Κυβέρνηοη της Δημοκρατίας της Κιργιζίας
         For the Government of the Kyrgyz Republic
         Pour le gouvernement de la République kirghize
         Per il governo della Repubblica del Kirghizistan
         Kirgizstānas Republikas valdības vārdā
         Kirgizijos Respublikos Vyriausybės vardu
         A Kirgiz Köztársaság kormánya részéről
         Għall-Gvern Tar-Repubblika Kirgiża
         Voor de Regering van de Republiek Kirgizië
         W imieniu rządu Republiki Kirgiskiej
         Pelo Governo da República do Quirguizistão
         Pentru Guvernul Republicii Kârgâszstan
         Za vládu Kirgizskej republiky
         Za vlado Kirgiške republike
         Kirgisian tasavallan hallituksen puolesta
         För Republiken Kirgizistans regering

         За Правительство Кыргызской Республики

   ANNEX I
   List of agreements referred to in Article 1 of this Agreement
   Air service agreements between the Kyrgyz Republic and Member States of the European Community which, at the date of signature of this Agreement, have been concluded, signed and/or initialled

               —

               Air Transport Agreement between the Austrian Federal Government and the Government of the Kyrgyz Republic, done at Vienna on 17 March 1998, hereinafter referred to ‘Kyrgyzstan — Austria Agreement’ in Annex II,

               —

               Air Services Agreement between the Government of the Czech Republic and the Government of the Kyrgyz Republic, done at Prague on 29 April 2004, hereinafter referred to ‘Kyrgyzstan — Czech Republic Agreement’ in Annex II,

               —

               Agreement between the Government of the Federal Republic of Germany and the Government of the Kyrgyz Republic concerning air services, done at Bishkek on 13 May 1997, hereinafter referred to ‘Kyrgyzstan — Germany Agreement’ in Annex II,

               —

               Air Services Agreement between the Government of the Kyrgyz Republic and the Government of the Hellenic Republic, done at Athens on 1 November 2004, hereinafter referred to ‘Kyrgyzstan — Greece Agreement’ in Annex II,

               —

               Air Services Agreement between the Government of the Kyrgyz Republic and the Government of the Slovak Republic, initialled at Bishkek on 27 September 2006, hereinafter referred to ‘Kyrgyzstan — Slovak Agreement’ in Annex II,

               —

               Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kyrgyz Republic concerning air services, done at London on 8 December 1994, hereinafter referred to ‘Kyrgyzstan — United Kingdom Agreement’ in Annex II.

         Last modified by Memorandum of Understanding between Civil Aviation Authorities of the two countries done at London on 2 September 2003, hereinafter referred to ‘Kyrgyzstan — United Kingdom MOU’.
   ANNEX II
   List of articles in the agreements listed in Annex I and referred to in Articles 2 to 5 of this Agreement

               (a)

               Designation by a Member State:

                           —

                           Article 3, paragraph 5 of the Kyrgyzstan – Austria Agreement,

                           —

                           Article 3, paragraph 4 of the Kyrgyzstan – Czech Republic Agreement,

                           —

                           Article 3, paragraph 4 of the Kyrgyzstan – Germany Agreement,

                           —

                           Article 3, paragraph 2(a) of the Kyrgyzstan – Greece Agreement,

                           —

                           Article 4, paragraph 4 of the Kyrgyzstan – United Kingdom Agreement and Annex B, Article 4(a), of the Kyrgyzstan – United Kingdom MOU;

               (b)

               Refusal, revocation, suspension or limitation of authorisations or permissions:

                           —

                           Article 4, paragraph 1(a) of the Kyrgyzstan – Austria Agreement,

                           —

                           Article 4, paragraph 1(b) of the Kyrgyzstan – Czech Republic Agreement,

                           —

                           Article 4, paragraph 1(a) of the Kyrgyzstan – Greece Agreement,

                           —

                           Article 5, paragraph 1(a) of the Kyrgyzstan – United Kingdom Agreement and Annex B, Article 5(1)(a), of the Kyrgyzstan – United Kingdom MOU;

               (c)

               Safety:

                           —

                           Article 6 of the Kyrgyzstan – Austria Agreement,

                           —

                           Article 7 of the Kyrgyzstan – Czech Republic Agreement,

                           —

                           Article 12 of the Kyrgyzstan – Germany Agreement,

                           —

                           Article 8 of the Kyrgyzstan – Greece Agreement,

                           —

                           Annex B, Article 13 a of the Kyrgyzstan – United Kingdom MOU;

               (d)

               Taxation of aviation fuel:

                           —

                           Article 7 of the Kyrgyzstan – Austria Agreement,

                           —

                           Article 8 of the Kyrgyzstan – Czech Republic Agreement,

                           —

                           Article 6 of the Kyrgyzstan – Germany Agreement,

                           —

                           Article 9 of the Kyrgyzstan – Greece Agreement,

                           —

                           Article 9 of the Kyrgyzstan – Slovak Agreement,

                           —

                           Article 8 of the Kyrgyzstan – United Kingdom Agreement;

               (e)

               Tariffs for carriage within the European Community:

                           —

                           Article 11 of the Kyrgyzstan – Austria Agreement,

                           —

                           Article 12 of the Kyrgyzstan – Czech Republic Agreement,

                           —

                           Article 10 of the Kyrgyzstan – Germany Agreement,

                           —

                           Article 13 of the Kyrgyzstan – Greece Agreement,

                           —

                           Article 7 of the Kyrgyzstan – United Kingdom Agreement; and Annex B, Article 7 of the Kyrgyzstan – United Kingdom MOU.

         ANNEX III
   List of other States referred to in Article 2 of this Agreement

               (a)

               The Republic of Iceland (under the Agreement on the European Economic Area);

               (b)

               The Principality of Liechtenstein (under the Agreement on the European Economic Area);

               (c)

               The Kingdom of Norway (under the Agreement on the European Economic Area);

               (d)

               The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport).


Avis juridique important

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32000D0265

2000/265/EC: Council Decision of 27 March 2000 on the establishment of a financial regulation governing the budgetary aspects of the management by the Deputy Secretary-General of the Council, of contracts concluded in his name, on behalf of certain Member States, relating to the installation and the functioning of the communication infrastructure for the Schengen environment, 'Sisnet'

Official Journal L 085 , 06/04/2000 P. 0012 - 0020

Council Decisionof 27 March 2000on the establishment of a financial regulation governing the budgetary aspects of the management by the Deputy Secretary-General of the Council, of contracts concluded in his name, on behalf of certain Member States, relating to the installation and the functioning of the communication infrastructure for the Schengen environment, "Sisnet"(2000/265/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the first sentence of the second subparagraph of Article 2(1) of the Protocol annexed to the Treaty on European Union and to the Treaty establishing the European Community, integrating the Schengen acquis into the framework of the European Union (hereinafter "the Schengen Protocol"),Whereas:(1) The Deputy Secretary-General of the Council was authorised by Decision 1999/870/EC(1) to act, in the context of the integration of the Schengen acquis within the European Union, as representative of certain Member States for the purposes of concluding contracts relating to the installation and the functioning of the communication infrastructure for the Schengen environment (hereinafter "Sisnet") and to manage such contracts.(2) The financial obligations arising under those contracts are not borne by the general budget of the European Union; therefore, the provisions of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities(2) do not apply.(3) It is therefore necessary to establish specific rules to define the detailed procedures for establishing and implementing the budget required to meet any expenses incurred in the course of concluding the contracts, the obligations arising under those contracts once concluded, for recovering the contributions to be paid by the States concerned and for the presentation and auditing of the accounts.(4) It is also necessary to set out the rules applicable to the conclusion of these contracts.(5) This Decision is a development of the Schengen acquis within the meaning of the Schengen Protocol,HAS DECIDED AS FOLLOWS:CHAPTER IGeneral principlesArticle 1For the purposes of this Financial Regulation, the "budget" is the instrument which sets out forecasts of, and authorises in advance, for each financial year, the revenue and expenditure required to meet the obligations arising under the contracts referred to in Decision 1999/870/EC.Article 2This Financial Regulation lays down detailed rules for the conclusion of contracts relating to Sisnet and for the establishment and implementation of the budget required in relation to such contracts.Article 31. The budget shall be subdivided into titles covering the budget relating to the preparatory steps leading to the conclusion of the contracts in question, including any costs incurred during the preparation of the call for tenders in respect of Sisnet, the installation budget and the operating budget for the Sisnet. If necessary, each title shall be subdivided into chapters and articles.2. Appropriations opened under each title may not be assigned to other expenditure titles.Article 4The budget appropriations shall be used in accordance with the principles of sound financial management, and in particular those of economy and cost-effectiveness.Article 5No revenue shall be collected and no expenditure effected unless credited to, or charged against, an article in the budget.Without prejudice to Article 17, no expenditure may be committed or authorised in excess of the authorised appropriations.Article 61. Subject to Article 17, all revenue and expenditure shall be entered in full in the budget and in the accounts without any adjustment against each other. Total revenue shall cover total expenditure.2. The financial year shall run from 1 January to 31 December.3. Any budget contributions by the States referred to in Article 25 paid before the beginning of the financial year which they concern shall be credited to the budget for that financial year.4. The expenditure of a financial year shall be entered in the accounts for that year on the basis of expenditure for which the financial controller received authorisation no later than 31 December and for which the corresponding payments were made by the accounting officer before the following 15 January.5. The allotted appropriations may be used solely to cover expenditure properly entered into and paid under the financial year for which they were granted, save as otherwise provided in Article 7, and to cover the debts relating to preceding financial years for which no appropriation was carried forward.Article 71. The following rules shall govern the utilisation of appropriations:(a) appropriations still uncommitted at the end of the financial year for which they were entered shall, as a rule, lapse;(b) appropriations in respect of payments still outstanding at 31 December by virtue of commitments duly entered into between 1 January and 31 December shall be carried over automatically to the next financial year only.2. Notwithstanding paragraph 1, the Deputy Secretary-General of the Council may forward to the Schengen Information System Working Group, hereafter referred to as the "SIS Working Group", before 31 January, duly substantiated requests to carry over to the next financial year appropriations not committed at 31 December, when the appropriations provided for the headings concerned in the budget for the following financial year do not cover requirements.The carry-over of such appropriations may be proposed only for exceptional reasons.In exercising his powers to implement the budget, the Deputy Secretary-General shall, depending on management requirements, endeavour to use first the appropriations authorised for the current financial year and not use the appropriations carried over until the former are exhausted.The SIS Working Group shall act on such requests for carrying-over by 1 March at the latest.3. Appropriations carried over from one financial year to the following lapse if still uncommitted at the end of the financial year to which they were carried over.4. A list of the appropriations to be carried forward automatically pursuant to paragraph 1(b) shall be forwarded to the SIS Working Group for information before 1 March.5. For the purpose of implementing the budget, the utilisation of appropriations carried forward shall be shown separately, for each budget item, in the accounts for the current financial year.CHAPTER IIEstablishment of the budgetArticle 81. The budget shall be drawn up in euro.2. The Deputy Secretary-General shall forward the preliminary draft budget to the SIS Working Group before 30 September and attach an explanatory memorandum.3. The SIS Working Group shall deliver its opinion on that preliminary draft.4. The Deputy Secretary-General shall establish the draft budget and forward it by 31 October to the States referred to in Article 25.5. The Member States referred to in Article 25, meeting within the Council, shall adopt the budget before the end of the year.6. The decision to adopt the budget, duly notified by the Deputy Secretary-General to the States referred to in Article 25, shall mark the point at which those States' contributions fall due.Article 91. If the budget has not been finally adopted at the beginning of the financial year:(a) payments may be made for up to one twelfth, each month, of the total appropriations authorised for each budget title for the preceding financial year; and(b) the contributions of the States referred to in Article 25 may be called up for up to one twelfth, each month, of the contributions paid under the last duly adopted budget.2. Each decision to use an expenditure and revenue twelfth, up to a total of three twelfths of the amounts entered in the last duly adopted budget, shall be taken by the Deputy Secretary-General, who shall forward it by letter to the States referred to in Article 25.3. Above the limit of three twelfths of the amounts entered in the last duly adopted budget, any decision to authorise payments and call up contributions shall be taken by the Member States referred to in Article 25, meeting within the Council.4. Any measures taken pursuant to paragraphs 1, 2 and 3 shall be terminated immediately on final adoption of the budget.Article 101. Any draft supplementary or amending budgets shall be submitted, examined and adopted in the same form and using the same procedure as the budget whose estimates they are amending.2. An amending budget shall be submitted on an annual basis, in the month following the closure of the accounts as laid down in Article 46(1), with the aim of entering the balance of the budget outturn from the previous financial year as revenue in the case of a positive balance or expenditure if the balance is negative.Article 11The budget may be released to the public.CHAPTER IIIImplementation of the budget and accountancyArticle 12The budget shall be implemented in accordance with the principle that the authorising officer and the accounting officer are different individuals. The duties of authorising officer, accounting officer and financial controller shall be mutually incompatible.Article 131. The task of authorising officer for revenue and expenditure shall be carried out by a Director-General at the General Secretariat of the Council. The authorising officer shall implement the budget on behalf of the Deputy Secretary-General and within the limits of the appropriations allotted he may delegate his powers to a Director.2. The authorising officer may decide on transfers between articles within each chapter. With the agreement of the SIS Working Group, he may decide on transfers between chapters within the same title. The SIS Working Group shall give its agreement under the same conditions as for adopting its opinion on the budget.Article 14The task of financial controller shall be carried out by the Council's Financial Controller in accordance with the rules applicable to the latter's duties.Article 15The receipt of revenue and the disbursement of expenditure shall be carried out by an accounting officer from Directorate-General A at the General Secretariat of the Council.Article 161. For the collection of any amount owing pursuant to Article 25, or of any debt due to the States concerned by a third party relating to the conclusion, installation and functioning of Sisnet, the issue of a recovery order by the authorising officer shall be required. Recovery orders shall be forwarded to the accounting officer, who shall submit them to the financial controller for approval.2. The purpose of this approval shall be to establish that:(a) the revenue has been booked to the correct budget item;(b) the recovery order is in order and conforms to the relevant provisions;(c) the supporting documents are in order;(d) the debtor, or the competent authority of the debtor State, are correctly described;(e) the due date is indicated;(f) the principles of sound financial management referred to in Article 4 have been applied;(g) the amount and currency of the sum to be recovered are correct.3. The accounting officer shall assume responsibility for the recovery orders duly drawn up.Article 17Notwithstanding Articles 5 and 6:1. the following deductions may be made from all bills, invoices or statements, which shall then be passed for payment of the net amount:(a) fines imposed on a party to a contract on an accepted tender;(b) adjustment of amounts paid in error, which may be achieved by means of deduction beforehand when another validation of the same type is being effected under the title, chapter, article and financial year in respect of which the excess payment was made.Discounts, refunds and rebates on invoices and bills shall not be recorded as separate revenue;2. the following sums may be reused under the heading to which the initial expenditure was charged:- revenue arising from refund of amounts paid in error against appropriations entered in the budget.Sums must be reused before the end of the financial year following that in which the revenue was collected.Article 181. Any measure likely to involve expenditure against the budget must first be the subject of a proposal for a commitment of expenditure from the authorising officer to the accounting officer, showing the purpose, the amount involved, the budget item to which the expenditure is to be charged and the creditor. The proposal shall be submitted by the accounting officer to the financial controller for approval.2. The purpose of this approval shall be to establish that:(a) the proposal for commitment has been presented in accordance with paragraph 1;(b) the expenditure has been charged to the correct budget item;(c) the appropriations are available in the budget;(d) the principles of sound financial management referred to in Article 4 have been applied;(e) the expenditure is in order and conforms to the relevant provisions.Article 191. The purpose of validation of expenditure by the authorising officer shall be:(a) to verify the creditor's claim;(b) to determine or verify the existence and the amount of the sum due;(c) to verify the conditions under which the payment falls due;(d) to verify that purchases or services rendered are as ordered.2. The authorising officer may have the verifications carried out under his responsibility.Article 201. The authorising officer shall authorise the accounting officer, by the issue of a payment order ("authorisation"), to pay an item of expenditure which has been validated.2. The authorisation shall state:(a) the financial year against which the payment shall be charged;(b) the budget title, chapter and article;(c) the amount to be paid, in figures and in words, and the currency of payment;(d) the name and address of the creditor;(e) the purpose of the expenditure;(f) the method of payment;(g) the numbers and dates of the relevant approvals of commitment.3. The payment order shall be dated and signed by the authorising officer.4. The accounting officer shall submit the payment order, together with the original supporting documents, to the financial controller for approval.5. The purpose of this approval shall be to establish that:(a) the payment order was properly issued;(b) the payment order agrees with the commitment of expenditure and the amount thereof is correct, taking account of the principles of sound financial management referred to in Article 4;(c) the expenditure is charged to the correct item in the budget;(d) the appropriations are available in the budget title or article concerned;(e) the supporting documents are in order, and(f) the creditor is correctly named and described.6. Any expenditure must be covered beforehand by contributions from the States referred to in Article 25 or, failing those, by a bank loan. The costs of a pre-financing loan in the event of non-payment of contributions shall be divided among the States in default, pro rata to their unpaid contributions and taking into account the length of arrears.Article 21Payments shall be effected through the bank account opened in accordance with Article 17 of Council Decision 1999/323/EC(3) in the name of the Secretary-General of the Council. Bank transfer orders executed pursuant to this Financial Regulation shall require the joint signature of two officials nominated by the Deputy Secretary-General, of whom one shall be the accounting officer.Article 22Should the financial controller refuse to give the approval laid down in Articles 16, 18 or 20 and the authorising officer maintain his proposal, the matter shall be referred to the Deputy Secretary-General. Except in cases where the availability of appropriations is in doubt, the Deputy Secretary-General may, in a duly reasoned decision, overrule the refusal and confirm the recovery order, expenditure commitment or payment order. The Deputy Secretary-General shall within one month inform the Court of Auditors of any such decision. The decision shall be enforceable as from the date approval was refused.Article 23The liability to disciplinary action of the authorising officer, financial controller, and accounting officer in the event of failure to comply with the provisions of this Financial Regulation shall be as laid down in the Staff Regulations of Officials of the European Communities.Article 24The accounts shall be kept by the double-entry method on the basis of the calendar year. They shall show all revenue and expenditure for the financial year.CHAPTER IVStates' contributionsArticle 251. Budget revenue shall consist of financial contributions from the following Member States: Belgium, Denmark, Germany, Greece, Spain, France, Italy, Luxembourg, the Netherlands, Austria, Portugal, Finland and Sweden, as well as Iceland and Norway.2. These States' financial contributions shall be laid down in the budget and expressed in euro.Article 26The States referred to in Article 25 shall supply their financial contributions to the Deputy Secretary-General in accordance with the following formula.The scale of contributions to be paid by the Member States referred to in Article 25, on the one hand, and by Iceland and Norway, on the other hand, shall be calculated annually on the basis of the share of each Member State concerned and of Iceland and Norway in the total gross domestic product (GDP) for the preceding year of all the States referred to in Article 25. The scale of contributions by the Member States concerned shall be calculated annually, taking into account the contributions of Iceland and Norway, on the basis of the ratio of the VAT resources paid by each of those Member States to the total VAT resources of the European Communities, as established in the last amendment of the budget of the Union during the preceding financial year.Article 271. The Deputy Secretary-General shall forward requests for contributions to each State referred to in Article 25 by letter through the national administrations whose details have been notified to him.2. The letter concerned shall contain the following information:(a) the decision to adopt the budget or, in the event of Article 9 being invoked, the decision to call up contributions by provisional twelfths;(b) the amount to be paid by each State, calculated in euro in accordance with the scale referred to in Article 26;(c) the details necessary for paying the contribution.3. Contributions shall be paid into the bank account referred to in Article 21.4. The contributions shall be payable in euro.Article 281. The States referred to in Article 25 shall be required to pay 25 % of their contribution by 15 February, 1 April, 1 July and 1 October at the latest.2. Should a State have defaulted on its financial obligations, the existing Community rules on interest chargeable in the event of late payment of contributions to the budget of the Union shall apply by analogy, without prejudice to any costs which must be borne by such State pursuant to the provisions of Article 20(6).CHAPTER VConclusion of contractsArticle 291. Contracts for the purchase or hiring of goods or for the provision of services shall be in writing.2. All such contracts for which the estimated value equals or exceeds the thresholds set out in Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts(4) or Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts(5) shall be concluded after an invitation to tender has been issued in accordance with the provisions of those Directives, including any further amendments which may be agreed to them (hereinafter the "Council Directives on public procurement procedures").3. Contracts for which the estimated value of the contract in question does not exceed the thresholds set out in the Council Directives on public procurement procedures may be made by private treaty. In such cases, the Member States referred to in Article 25 shall none the less be bound, as far as possible and by all appropriate means, to enable suppliers who are likely to be able to supply the goods and services in question to compete.4. Invitations to tender shall, as a general rule, be published by the General Secretariat of the Council on behalf of the Member States referred to in Article 25 in all the Member States.5. The tendering procedures and selection and award criteria shall be determined and governed by the provisions of the Council Directives on public procurement procedures, as supplemented by the provisions of this Financial Regulation.6. Every invitation to tender shall be prepared by the General Secretariat of the Council on behalf of the Member States referred to in Article 25 and shall, in particular:(a) specify the procedure for submitting tenders and stipulate how they are to be presented, including, in particular, any requirement as to the use of a standard reply form;(b) make reference to the general conditions applicable to the contract concerned (supplies or services), where appropriate, and to any document containing conditions specifically applicable to the particular contract concerned;(c) include a clause stating that the submission of a tender implies acceptance of the relevant conditions;(d) specify the terms under which an inspection may be made, where appropriate, to be set out in detail in the case of on-the-spot inspections;(e) specify the period during which a tender will remain valid and may not be varied in any respect;(f) specify the penalties for failure to comply with the provisions of the contract;(g) specify the details which must be contained in the invoices (or in the relevant supporting documents);(h) prohibit any contact between the Deputy Secretary-General and his staff, representatives of the Governments of the Member States referred to in Article 25, representatives of the Governments of Iceland and Norway and tenderers on matters related to that invitation to tender save, by way of special exception, under the following conditions:before the closing date for the submission of tenders:(i) at the instance of tenderers:additional information solely for the purpose of clarifying the nature of the invitation to tender may be communicated to all tenderers;(ii) at the instance of the Deputy Secretary-General:if the Member States referred to in Article 25, or Iceland and Norway, or the General Secretariat of the Council notice an error, a lack of precision, an omission or any other type of clerical defect in the text of the invitation to tender, the General Secretariat may, in a manner identical with that applicable in respect of the original invitation to tender, inform the persons concerned accordingly;(iii) after the tenders have been opened and at the instance of the Member States referred to in Article 25, Iceland or Norway, or the General Secretariat of the Council, if some clarification is required in connection with a tender, or if obvious clerical errors contained in the tender must be corrected, the General Secretariat may contact the tenderer.Article 30In every case where contact has been made under the conditions provided for in Article 29(6)(h), a "Note for the file" shall be drawn up and such contact shall be mentioned in the report to be submitted subsequently to the Advisory Committee referred to in Article 36.Article 31No discrimination shall be practised between nationals of Member States and of Iceland and Norway on grounds of nationality in respect of contracts entered into by the Deputy Secretary-General on behalf of the Member States referred to in Article 25.Article 32Where there are general conditions applicable to the proposed contract, they shall be attached to the invitation to tender. Any document containing conditions specifically applicable to the particular contract concerned shall also be attached.Article 33Tenderers may submit tenders:(a) by post:in which case the invitation to tender must specify that the relevant date shall be that on which the tender is posted, as evidenced by the postmark. Tenders submitted by post must be registered; or(b) by hand-delivery to the Council General Secretariat direct or by any agent of the tenderer, including private messenger services:in which case the invitation to tender must state the date by which tenders must be submitted and specify the department within the Council General Secretariat to which they must be delivered against a signed and dated receipt.The date must be the same in both cases.In order to maintain secrecy and to avoid any difficulties, the invitation to tender must include a provision as follows:"Tenders must be submitted in a sealed envelope itself enclosed within a second sealed envelope. The inner envelope shall bear, in addition to the name of the department to which it is addressed, as indicated in the invitation to tender, the words 'Call for tenders - Not to be opened by the Registry'. If self-adhesive envelopes are used they must be sealed with adhesive tape and the sender must sign across this tape."Article 34Every tender must be opened.The tenders shall be opened together by a committee appointed for this purpose by the Deputy Secretary-General. It shall be composed of three high level officials from different directorates of the Council General Secretariat. The financial controller must be informed of the opening of the tenders. The financial controller or his representative shall be present as an observer.The committee shall draw up a report of the opening of the tender, to be signed by all its members.Each page of each tender shall be initialled by at least one member of the committee. The committee shall make a written record of the tenders received, listing, in particular, all the documents which have been received from each tenderer in connection with the tender.Article 35Every tender shall be assessed by the Member States referred to in Article 25, together with Iceland and Norway. A report, approved unanimously by these States, shall be presented by the competent official within the Council General Secretariat designated by the authorising officer or by an alternate, also designated by the authorising officer, to the Advisory Committee referred to in Article 36.This report shall include in particular:(a) a statement of the reasons for the elimination of any of the tenders;(b) a technical and financial assessment of each tender, including a comparative table of unit prices;(c) the grounds for the choice of tenderer recommended.Article 36Contracts to be concluded by the Deputy Secretary-General on behalf of the Member States referred to in Article 25 and by the appropriate representatives of Iceland and Norway after an invitation to tender has been issued shall first be submitted for the opinion of an Advisory Committee on procurements and contracts.Article 37The Advisory Committee referred to in Article 36 shall include one representative from each Member State referred to in Article 25, together with one representative from each of Norway and Iceland. The Member States referred to in Article 25, together with Iceland and Norway, shall ensure that the representatives selected have adequate expertise in informatics and/or financial matters and/or legal matters. Representatives must not have participated in the assessment of the files to be submitted to the Advisory Committee. A representative of the financial controller shall be present as observer.The Advisory Committee shall, by simple majority, elect a Chairman and a deputy Chairman from among its representatives.The Advisory Committee shall deliver an opinion as to whether the procedure leading to the selection of tenderer is in order and, in general, on the proposed terms of the contract.Any other problem concerning the matter forming the subject of this chapter may be referred to the said Advisory Committee for an opinion.The Advisory Committee shall endeavour to adopt its opinions by consensus. If such consensus is not possible, the Advisory Committee shall adopt its opinions by a simple majority of its representatives. A quorum of 11 shall be required for the proceedings to be valid. In the event of a tied vote, the Chairman shall have the casting vote.The General Secretariat of the Council shall provide secretarial assistance to the Advisory Committee as necessary.Article 38The Advisory Committee shall draw up its own rules of procedure, by analogy with the rules of procedure of the Advisory Committee on Procurements and Contracts of the Council of the European Union.Article 39The Advisory Committee shall be required to give its opinion, in a purely advisory capacity, on:(a) all proposed contracts for supplies or services, including studies, for which the estimated value equals or exceeds the thresholds in the Council Directives on public procurement procedures;(b) any proposed agreement supplementary to any contract as referred to in point (a) whenever there are significant changes, particularly when the effect of such supplementary agreement would be to alter the amount involved in the original contract;(c) any proposed supplementary agreement the effect of which would be to raise the total amount involved in a contract already concluded above the thresholds referred to in point (a);(d) questions arising at the time of conclusion or in the course of performance of contracts (e.g. cancellation of orders, requests for remission of penalties for delay, departures from the specifications and general conditions of contract), should the matter be sufficiently serious to justify a request for an opinion;(e) at the request of one of the Member States referred to in Article 25 or of Iceland or Norway, or of a member of the Advisory Committee, or of the Deputy Secretary-General, proposed contracts involving an amount below the thresholds referred to in point (a), where they consider that such contracts involve questions of principle or are of a special nature.Article 40The files submitted to the Advisory Committee for an opinion pursuant to Article 39(b) to (e), shall also be accompanied by a report approved unanimously by the Member States referred to in Article 25, as well as Iceland and Norway.Article 41The opinions of the Advisory Committee shall be signed by its chairman. In order to avoid delays in the process as a result of the intervention of the Advisory Committee, the Member States referred to in Article 25, as well as Iceland and Norway, may, if they deem it necessary, impose a reasonable deadline by which an opinion must be furnished. Opinions shall be communicated to the Deputy Secretary-General and to the Member States referred to in Article 25, as well as to Iceland and Norway. Following due consideration of that opinion, the Member States referred to in Article 25, as well as Iceland and Norway, shall take a final decision on the case by unanimity. Once that decision has been taken, the contract or contracts which form the subject of each case shall be concluded by the Deputy Secretary-General on behalf of the Member States referred to in Article 25 and by the appropriate representatives of Iceland and Norway.Article 42All the tenderers shall be informed by the General Secretariat of the Council of the decision taken with regard to their tenders.Article 431. Contracts may be made against an invoice or bill of costs where the expected value of the goods or services does not exceed EUR 2000.2. By way of guarantee of the performance of contracts, suppliers, contractors or providers of services may be required by a warranty clause to make a preliminary deposit. Such deposit must cover not only the entire period of the guarantee but also a period long enough to allow the guarantee to be invoked. The deposit must, in principle, consist of a payment in euro made to a bank account specifically opened for that purpose in the name of the General Secretariat of the Council. Such deposit may only be lodged with a first-class credit institution in a sight- or short-term deposit account denominated in euro.3. The amount of the deposit shall be fixed according to the usual trade terms and conditions.4. The provision of such security shall be obligatory where the value of the contract concerned equals or exceeds the thresholds set out in the Council Directives on public procurement procedures.5. This security may be replaced by a joint and several personal guarantee given by a third party approved by the accounting officer. The guarantee shall, in principle, be denominated in euro and must comply with the same rules as the guarantee referred to in paragraph 2.6. Where a contract has not been performed or completion has been late, the Deputy Secretary-General shall ensure that the Member States referred to in Article 25, as well as Iceland and Norway, are adequately compensated in respect of all damages, interests and costs by the deduction of the amount from the deposit, whether this has been lodged directly by the supplier or contractor or by a third party.Article 44The usual supporting documents accompanying the first order to pay drawn up pursuant to a contract requiring the provision of a deposit shall be supplemented by a copy, certified true by the accounting officer, of the receipt issued when the deposit was paid, or by a copy, certified true by the accounting officer, of a declaration from the establishment or third party providing the guarantee.Article 45Deposits shall be repaid, or the guarantees referred to in Article 43 given in place thereof released, by the Deputy Secretary-General in accordance with the provisions of the applicable contract or guarantee, except in cases of non-performance or late performance as referred to in Article 43(6).CHAPTER VIPresenting and auditing the accountsArticle 461. The Deputy Secretary-General shall, within two months from the end of the budget implementation period, draw up a revenue and expenditure account and a balance sheet and transmit them to the SIS Working Group.2. The revenue and expenditure account shall cover all revenue and expenditure transactions relating to the preceding financial year. It shall be submitted in the same form and following the same subdivisions as the budget.3. The following shall be attached to the account:(a) a statement showing the situation of each of the States referred to in Article 25 as regards payment of its financial contribution, and(b) an appropriation transfer statement.4. The balance sheet shall show the budget assets and liabilities as at 31 December of the preceding financial year.Article 471. The Court of Auditors shall be asked to audit the accounts.2. The Deputy Secretary-General shall forward the revenue and expenditure account and the balance sheet to the Court of Auditors within 15 days following the period laid down in Article 46(1).3. The purpose of the audit by the Court of Auditors shall be to establish that all revenue has been received and all expenditure incurred in a lawful and regular manner in accordance with the contracts to be managed, the budget and this Financial Regulation.4. The Deputy Secretary-General shall provide the Court of Auditors with every facility it may consider necessary in order to carry out its task.Article 48The revenue and expenditure account, balance sheet and report by the Court of Auditors, accompanied where appropriate by the Deputy Secretary-General's comments, shall be submitted by 1 July to the States referred to in Article 25. The Member States referred to in Article 25, meeting within the Council, shall give a discharge to the Deputy Secretary-General in respect of the budget's implementation.CHAPTER VIIFinal provisionsArticle 49The introduction of the provisions of the Schengen acquis concerning the Schengen information system for a State other than those referred to in Article 25 (hereinafter referred to as "other State") shall entail:(a) readjustment of the share of contributions of the States referred to in Article 25 as laid down in Article 26;(b) adjustment of the contributions of the States referred to in Article 25 in order to establish the contribution payable by the other State to the operation of Sisnet for the whole of the current financial year;(c) adjustment of the contributions of the States referred to in Article 25 in order to establish the proportion of earlier Sisnet installation costs to be borne by the other State. This percentage shall be calculated on the basis of the ratio of the VAT resources paid by the other State to the total VAT resources of the European Communities for the earlier financial years in which the necessary Sisnet installation costs have been incurred. The percentage contribution shall be the subject of a "credit note" to the States referred to in Article 25 for an amount pro rata to their share as calculated in accordance with Article 26. The other States may choose to allocate the amount concerned towards their share of the budget or request reimbursement.Article 501. This Financial Regulation shall apply to the adoption of the budget with respect to the revenue and expenditure required to meet the obligations arising out of any action taken pursuant to Article 1 of Decision 1999/870/EC, for the financial year in which this Regulation enters into force.2. By derogation from Article 8, for the purposes of the budget referred to in paragraph 1, the Deputy Secretary-General of the Council shall forward the preliminary draft budget to the SIS Working Group as soon as possible after the adoption of this Financial Regulation. Following the delivery of the opinion of the SIS Working Group and the establishment of the draft budget, the Member States referred to in Article 25, meeting within the Council, shall adopt the budget without delay.3. By derogation from Article 28, for the purposes of the budget referred to in paragraph 1, the States referred to in Article 25 shall be required to pay their contribution in accordance with a schedule to be determined by the Member States referred to in Article 25 at the time of adoption of this budget.Article 511. This Decision shall take effect from the date of its adoption.2. It shall be published in the Official Journal of the European Communities.Done at Brussels, 27 March 2000.For the CouncilThe PresidentF. Gomes(1) OJ L 337, 30.12.1999, p. 41.(2) OJ L 356, 31.12.1977, p. 1. Regulation as last amended by Regulation (EC) No 2673/1999 (OJ L 326, 18.12.1999, p. 1).(3) OJ L 123, 13.5.1999, p. 51.(4) OJ L 199, 9.8.1993, p. 1.(5) OJ L 209, 24.7.1992, p. 1. Directive as last amended by Directive 97/52/EC of the European Parliament and of the Council (OJ L 328, 28.11.1997, p. 1).


Avis juridique important

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31999D0870

1999/870/EC: Council Decision of 17 December 1999 authorising the Deputy Secretary-General of the Council of the European Union to act as representative of certain Member States for the purpose of concluding contracts relating to the installation and the functioning of the communication infrastructure for the Schengen environment, 'SISNET', and to manage such contracts

Official Journal L 337 , 30/12/1999 P. 0041 - 0042

COUNCIL DECISIONof 17 December 1999authorising the Deputy Secretary-General of the Council of the European Union to act as representative of certain Member States for the purpose of concluding contracts relating to the installation and the functioning of the communication infrastructure for the Schengen environment, "SISNET", and to manage such contracts(1999/870/EC)THE COUNCIL OF THE EUROPEAN UNION,Acting on the basis of Article 7 of the Protocol annxed to the Treaty on European Union and the Treaty establishing the European Community, integrating the Schengen acquis into the framework of the European Union (hereinafter the "Schengen Protocol"),Whereas:(1) The Secretary-General of the Council has been authorised to manage on behalf of those Member States concerned the contract relating to the installation and the functioning of the SIRENE Network Phase II(1);(2) The Member States concerned have decided not to extend the contract for the SIRENE Network Phase II, which will therefore terminate on 23 August 2001;(3) A new communication infrastructure for the Schengen environment, to be called "SISNET" must accordingly be provided for by 23 August 2001, which will require the execution of preparatory measures for the conclusion of the relevant contracts, the conclusion of the contracts themselves and the management of those contracts;(4) The Member States concerned have requested the Deputy Secretary-General of the Council to represent them with respect to the execution of the necessary preparatory measures as well as the conclusion and management of the contracts in question;(5) The performance of such a task by the Deputy Secretary-General of the Council on behalf of certain Member States constitutes a task distinct from the tasks performed by the Deputy Secretary-General pursuant to his obligations under the Treaty establishing the European Community and the Treaty on European Union;(6) It is therefore appropriate to have this task assigned to the Deputy Secretary-General by way of an explicit decison of the Council,HAS DECIDED AS FOLLOWS:Article 11. The Council hereby authorises the Deputy Secretary-General of the Council to act as the representative of the member States concerned (Belgium, Denmark, Germany, Greece, Spain, France, Italy, Luxembourg, the Netherlands, Austria, Portugal, Finland and Sweden), with respect to:(a) the execution of a call for tenders for the delivery, installation and management of the SISNET and any other preparatory measures which may be necessary in this regard; and(b) the conclusion and management of the contracts for the delivery, installation and management of the SISNET and the supply of services relating to the use thereof,2. The authorisation under paragraph 1 above shall apply so long as payments under the aforementioned contracts are not charged to the general budget of the European Union but continue to be charged to the Member States concerned.3. The Deputy Secretary-General shall aslo be authorised to act as the representative of Ireland and/or of the United Kingdom with respect to the matters set out in paragraph 1 above, pursuant to any future Council decision on the participation of either of these Member States in some or all of the provisions of the Schengen acquis, in accordance with the provisions of Article 4 of the Schengen Protocol.Article 2The work involved in preparing the call for tenders and managing the subsequent contracts referred to in Article 1(1) on behalf of the Member States concerned shall be performed by the General Secretariat of the Council as part of its normal administrative tasks.Article 3All questions relating to any non-contractual liability resulting from the acts or omissions of the General Secretariat of the Council in the performance of its administrative tasks pursuant to this Decision shall be governed by Article 288, second paragraph, of the Treaty establishing the European Community. Article 235 of that Treaty shall therefore apply to any disputes relating to compensation for damage.Article 41. The special bank account in the name of the Secretary-General of the Council, opened for the purpose of managing the contracts mentioned in Decision 1999/322/EC, shall be used in respect of the budget relating to the conclusion and management of the contracts mentioned in Article 1(1).2. The Deputy Secretary-General shall be authorised to use the bank account referred to in paragraph 1 for the purposes of carrying out his obligations pursuant to this Decision.Article 5This Decision shall take effect on the day of its adoption.Article 6This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 17 December 1999.For the CouncilThe PresidentK. HEMILÄ(1) Council Decision 1999/322/EC of 3 May 1999, OJ L 123, 13.5.1999, p. 49.


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32004D0079

2004/79/EC: Council Decision of 17 December 2003 on the signing of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the application of certain provisions of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union and the 2001 Protocol thereto

Official Journal L 026 , 29/01/2004 P. 0001 - 0002

Council Decisionof 17 December 2003on the signing of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the application of certain provisions of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union and the 2001 Protocol thereto(2004/79/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union and in particular Articles 24 and 38 thereof,Whereas:(1) On 29 May 2000 the Council established, in accordance with Article 34(2)(d) of the Treaty on European Union, the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union(1) (hereinafter: "the EU Mutual Assistance Convention").(2) Article 2(1) of that Convention determines its provisions which constitute a development of the Schengen acquis within the meaning of the Agreement of 18 May 1999 concluded by the Council of the European Union with the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the application, implementation and development of the Schengen acquis(2).(3) On 16 October 2001 the Council established, in accordance with Article 34(2)(d) of the Treaty on European Union, the Protocol to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union(3) (hereinafter: "the EU Mutual Assistance Protocol").(4) Article 15 of that Protocol determines that Article 8 thereof constitutes a development of the Schengen acquis within the meaning of the Agreement, concluded by the Council of the European Union with the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the application, implementation and development of the Schengen acquis.(5) Pursuant to the terms of Article 8 of that Agreement, the Republic of Iceland and the Kingdom of Norway will become bound by the content of those provisions of the EU Mutual Assistance Convention in their mutual relations and in their relations with the Member States of the European Union.(6) Following the Council Decision of 19 December 2002 authorising the Presidency of the Council to open negotiations with a view to the application of certain provisions in the field of judicial cooperation in criminal matters on the basis of Articles 24 and 38 of the Treaty on European Union, the Presidency, assisted by the Commission, negotiated an agreement with the Republic of Iceland and the Kingdom of Norway, according to which the content of the other substantive provisions of the EU Mutual Assistance Convention and the EU Mutual Assistance Protocol will also become applicable to the Republic of Iceland and the Kingdom of Norway in their mutual relations and in their relations with the Member States of the European Union.(7) That Agreement should be signed on behalf of the European Union, subject to its subsequent conclusion,HAS DECIDED AS FOLLOWS:Article 1The signing of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the application of certain provisions of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between Member States of the European Union and the 2001 Protocol thereto is hereby approved on behalf of the European Union, subject to the Council Decision concerning the conclusion of the said Agreement.The text of the Agreement is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement subject to its conclusion.Article 3This Decision and the Agreement attached thereto shall be published in the Official Journal of the European Union.Done at Brussels, 17 December 2003.For the CouncilThe PresidentG. Alemanno(1) OJ C 197, 12.7.2000, p. 1.(2) OJ L 176, 10.7.1999, p. 36.(3) C 326, 21.11.2001, p. 1.


title: Council Decision 2007/427/CFSP of 18 June 2007 appointing the European Union Special Representative in Bosnia and Herzegovina

text:
               20.6.2007

               EN

               Official Journal of the European Union

               L 159/63

      COUNCIL DECISION 2007/427/CFSP
   of 18 June 2007
   appointing the European Union Special Representative in Bosnia and Herzegovina
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and, in particular, Article 18(5) in conjunction with Article 23(2) thereof,
   Whereas:

               (1)

               On 30 January 2006, the Council adopted Joint Action 2006/49/CFSP (1) appointing Mr Christian Schwarz-Schilling as the European Union Special Representative (EUSR) in Bosnia and Herzegovina.

               (2)

               On 7 February 2007, the Council adopted Joint Action 2007/87/CFSP (2) amending and extending, until 30 June 2007, the mandate of Mr Christian Schwarz-Schilling as the EUSR in Bosnia and Herzegovina.

               (3)

               Mr Christian Schwarz-Schilling has informed the Secretary General/High Representative that he would not seek an extension of his mandate beyond 30 June 2007.

               (4)

               On the basis of a review of Joint Action 2007/87/CFSP, the mandate of the EUSR should be extended until 29 February 2008. A new EUSR in Bosnia and Herzegovina should therefore be appointed for the remaining period from 1 July 2007 until 29 February 2008.

               (5)

               The Secretary General/High Representative has recommended that Mr Miroslav Lajčák be appointed as the new EUSR in Bosnia and Herzegovina.

               (6)

               Article 49(3) of the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3) provides that basic acts may notably take the form of a decision pursuant to Article 18(5) of the Treaty.

               (7)

               The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the Common Foreign and Security Policy objectives set out in Article 11 of the Treaty,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Appointment
   Mr Miroslav Lajčák is hereby appointed as European Union Special Representative (EUSR) in Bosnia and Herzegovina for the period from 1 July 2007 to 29 February 2008. He shall exercise his functions in accordance with the mandate and the detailed arrangements set out in Joint Action 2007/87/CFSP.
   Article 2
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 July 2007 to 29 February 2008 shall be EUR 1 530 000.
   2.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The expenditure shall be eligible as from 1 July 2007.
   Article 3
   Review
   The EUSR shall present the Secretary General/High Representative, the Council and the Commission with a comprehensive report on the implementation of his mandate by mid-November 2007.
   Article 4
   Taking of effect
   This Decision shall take effect on the day of its adoption.
   Article 5
   Publication
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 18 June 2007.

            For the Council

            The President

         F.-W. STEINMEIER

      (1)  OJ L 26, 31.1.2006, p. 21. Joint Action as amended by Joint Action 2006/523/CFSP (OJ L 207, 27.7.2006, p. 30).

      (2)  OJ L 35, 8.2.2007, p. 35.

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


title: 2011/408/EU: Council Decision of 28 June 2011 laying down simplified rules and procedures on sanitary controls of fishery products, live bivalve molluscs, echinoderms, tunicates, marine gastropods, by-products thereof and products derived from these by-products coming from Greenland  Text with EEA relevance

text:
               12.7.2011

               EN

               Official Journal of the European Union

               L 182/24

         COUNCIL DECISION
   of 28 June 2011
   laying down simplified rules and procedures on sanitary controls of fishery products, live bivalve molluscs, echinoderms, tunicates, marine gastropods, by-products thereof and products derived from these by-products coming from Greenland
   (Text with EEA relevance)
   (2011/408/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 203 thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Having regard to the opinion of the European Parliament,
   Acting in accordance with a special legislative procedure,
   Whereas:

               (1)

               Greenland is included in the list of overseas countries and territories set out in Annex II to the Treaties. In accordance with Article 198 of the Treaty on the Functioning of the European Union (hereinafter ‘the Treaty’), the purpose of the association of the overseas countries and territories with the Union is to promote the economic and social development of the overseas countries and territories and to establish close economic relations between them and the Union as a whole.

               (2)

               Denmark and Greenland have requested that veterinary checks between the Union and Greenland on fishery products, bivalve molluscs, echinoderms, tunicates, marine gastropods, by-products and products derived from these by-products that are regarded as originating in Greenland according to Annex III to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community (‘Overseas Association Decision’) (1), and of the same products which are introduced into Greenland from third countries, be permitted in accordance with the rules on sanitary and veterinary controls applicable to trade within the Union.

               (3)

               Trade in those products between Greenland and the Union should, therefore, be conducted in compliance with Union rules on animal health and food safety. Accordingly, Denmark and Greenland should undertake to ensure that consignments of products dispatched to the Union from Greenland are in conformity with the applicable Union rules concerning animal health and food safety. In particular, eligible feed and food business operators should be registered and listed in accordance with Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (2).

               (4)

               Veterinary checks at border inspection posts in Greenland should be carried out in accordance with Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (3). Veterinary checks at border inspection posts should be carried out in close cooperation with customs officials. To simplify those tasks it is appropriate to provide the competent authorities with references to the Combined Nomenclature (CN) specified in Annex I to Commission Decision 2007/275/EC of 17 April 2007 concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC (4).

               (5)

               The competent authority in Greenland should provide official assurances to the Commission on the enforcement of the Union rules and animal health requirements for the products concerned. Those assurances should cover, in particular, compliance with the applicable provisions laid down in Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption (5), Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (6) and Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (7). Those assurances should also include a commitment to ensure compliance with the rules on trade within the Union.

               (6)

               Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products (8) requires the establishment of national monitoring plans for aquaculture animals. Accordingly, those provisions should also apply to Greenland.

               (7)

               In order to permit importation of the products covered by this Decision into the Union from Greenland in accordance with the rules on trade within the Union laid down in Union legal acts, as well as to ensure the sanitary safety of the products concerned, Denmark and Greenland should undertake to transpose and implement the relevant provisions of Union laws in Greenland, before the date from which this Decision should apply.

               (8)

               Denmark and Greenland should also undertake to ensure that imports into Greenland from third countries of the products concerned comply with Union rules on animal health and food safety.

               (9)

               Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (9) provides for the introduction of a computerised system linking veterinary authorities, with a view, in particular, to facilitate the rapid exchange of information relating to animal health and welfare between the competent authorities (Traces). Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system (10) provides that the Member States are to use Traces from 1 April 2004. Traces is essential for the effective monitoring of trade in animals and products of animal origin and accordingly, it should be used for the transmission of data on movements and trade in such products between Greenland and the Union.

               (10)

               Outbreaks of animal diseases listed in Council Directive 82/894/EEC of 21 December 1982 on the notification of animal diseases within the Community (11), are to be reported to the Commission through the Animal Disease Notification System (ADNS) in accordance with Commission Decision 2005/176/EC of 1 March 2005 laying down the codified form and the codes for the notification of animal diseases pursuant to Directive 82/894/EEC (12). For the products concerned, those provisions should also apply to Greenland.

               (11)

               Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (13) established a rapid alert system for the notification of a direct or indirect risk to human health deriving from food or feed. Those provisions should also apply to Greenland for the products concerned.

               (12)

               Before Greenland can carry out veterinary checks on products that are introduced into Greenland from third countries, a Union inspection should be carried out in Greenland in order to verify that one or more border inspection posts in Greenland are in compliance with the requirements laid down in Directive 97/78/EC and Commission Regulation (EC) No 136/2004 of 22 January 2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries (14) and Commission Decision 2001/812/EC of 21 November 2001 laying down the requirements for the approval of border inspection posts responsible for veterinary checks on products introduced into the Community from third countries (15).

               (13)

               In the event that the results of such an inspection are positive, one or more border inspection posts in Greenland should be listed in Commission Decision 2009/821/EC of 28 September 2009 drawing up a list of approved border inspection posts, laying down certain rules on the inspections carried out by Commission veterinary experts and laying down the veterinary units in Traces (16). In order to ensure effective control of the products covered by this Decision introduced in Greenland and in the Union, it is appropriate that this Decision apply as from the moment at which one or more border inspection posts in Greenland are listed in Decision 2009/821/EC.

               (14)

               This Decision does not affect any possible arrangements related to the import of fishery products based on the Protocol (No 34) on special arrangements for Greenland annexed to the Treaties,

         HAS ADOPTED THIS DECISION:
   Article 1
   Subject matter and scope
   This Decision lays down simplified rules and procedures for the application of sanitary controls for fishery products, bivalve molluscs, echinoderms, tunicates and marine gastropods and to by-products thereof and products derived from these by-products (hereinafter ‘the products’), originating from Greenland or introduced into Greenland from third countries and thereafter imported from Greenland into the Union (hereinafter ‘the products coming from Greenland’).
   Article 2
   Definitions
   For the purposes of this Decision, the following definitions shall apply:

               (a)

               ‘bivalve molluscs’ means molluscs as defined in point 2.1 of Section 2 of Annex I to Regulation (EC) No 853/2004;

               (b)

               ‘fishery products’ means products as defined in point 3.1 of Section 3 of Annex I to Regulation (EC) No 853/2004;

               (c)

               ‘by-products and products derived from these by-products’ means animal by-products and derived products within the meaning of points 1 and 2 respectively of Article 3 of Regulation (EC) No 1069/2009, as far as they are derived from fishery products, bivalve molluscs, echinoderms, tunicates or marine gastropods;

               (d)

               ‘products originating from Greenland’ means products provided for in points (a), (b) and (c) of this Article, as defined in accordance with the provisions of Annex III to Decision 2001/822/EC.

         Article 3
   General rules concerning sanitary controls of the products between the Union and Greenland
   1.   Denmark and Greenland shall ensure that the relevant legal acts of the Union which are applicable to the products defined in Article 2, are implemented in Greenland.
   2.   Member States shall not apply the veterinary checks applicable on products covered by this Decision. The products coming from Greenland shall be placed on the internal market under the sanitary rules applicable within the Union, provided that Denmark and Greenland ensure, in particular, the full respect of the following conditions:

               (a)

               the effective transposition and implementation in Greenland of the applicable rules laid down in legal acts of the Union concerning animal health and food safety, relating to the products;

               (b)

               the drawing-up and keeping up to date by the competent authorities in Denmark and Greenland of a list of feed and food business operators which have been registered in accordance with Article 31 of Regulation (EC) No 882/2004;

               (c)

               the conformity of consignments of products dispatched to the Union from Greenland with the applicable rules laid down in legal acts of the Union concerning animal health and food safety.

         Article 4
   Monitoring plans for aquaculture animals
   Denmark and Greenland shall submit for approval to the Commission monitoring plans for the detection of the presence of residues and substances in aquaculture animals in Greenland, in accordance with Directive 96/23/EC.
   Article 5
   Checks on products introduced into Greenland from third countries
   1.   Veterinary checks shall be carried out on consignments of the products introduced into Greenland from third countries in accordance with the rules laid down in Directive 97/78/EC.
   To facilitate those veterinary checks, the Commission shall provide to the competent authorities of Denmark and Greenland the CN codes of the products, listed in Annex I to Commission Decision 2007/275/EC.
   2.   Proposals for border inspection posts in Greenland shall be submitted to the Commission for approval in accordance with Article 6(2) of Directive 97/78/EC.
   The list of border inspection posts approved for Greenland shall be included in the list of border inspection posts in the Member States, approved in accordance with Directives 91/496/EEC and 97/78/EC.
   Article 6
   Information system
   1.   Data on movements of, and trade in the products to and from Greenland shall be transmitted in Danish language through the integrated computerised veterinary system (Traces) in accordance with Decision 2004/292/EC.
   2.   The notification of aquatic diseases concerning the products in Greenland shall be transmitted through the animal disease notification system (ADNS), in accordance with Directive 82/894/EEC and Decision 2005/176/EC.
   3.   The notification of direct or indirect risks to human health deriving from the products in Greenland shall be transmitted through the rapid alert system for feed and food (RASFF) established by Regulation (EC) No 178/2002.
   Article 7
   Identification mark
   Consignments of the products dispatched to the Union from Greenland shall be marked with the identification mark for Greenland, ‘GL’, in accordance with the rules set out in Section I(B) of Annex II to Regulation (EC) No 853/2004.
   Article 8
   Confirmation of compliance with the conditions laid down in this Decision
   Denmark and Greenland shall provide, before the date referred to in Article 9, from which this Decision shall apply, written confirmation to the Commission that the necessary measures for the application of this Decision have been taken.
   Article 9
   Entry into force and applicability
   This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   It shall apply from the date of listing in Commission Decision 2009/821/EC of the first border inspection post in Greenland.

      Done at Luxembourg, 28 June 2011.

            For the Council

            The President

         FAZEKAS S.

      (1)  OJ L 314, 30.11.2001, p. 1.

      (2)  OJ L 165, 30.4.2004, p. 1.

      (3)  OJ L 24, 30.1.1998, p. 9.

      (4)  OJ L 116, 4.5.2007, p. 9.

      (5)  OJ L 300, 14.11.2009, p. 1.

      (6)  OJ L 139, 30.4.2004, p. 55.

      (7)  OJ L 328, 24.11.2006, p. 14.

      (8)  OJ L 125, 23.5.1996, p. 10.

      (9)  OJ L 224, 18.8.1990, p. 29.

      (10)  OJ L 94, 31.3.2004, p. 63.

      (11)  OJ L 378, 31.12.1982, p. 58.

      (12)  OJ L 59, 5.3.2005, p. 40.

      (13)  OJ L 31, 1.2.2002, p. 1.

      (14)  OJ L 21, 28.1.2004, p. 11.

      (15)  OJ L 306, 23.11.2001, p. 28.

      (16)  OJ L 296, 12.11.2009, p. 1.


title: Decision (EU) 2017/1707 of the European Parliament of 27 April 2017 on the closure of the accounts of the European Agency for Safety and Health at Work for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/299

         DECISION (EU) 2017/1707 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on the closure of the accounts of the European Agency for Safety and Health at Work for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Agency for Safety and Health at Work for the financial year 2015,

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Agency for Safety and Health at Work for the financial year 2015, together with the Agency's reply (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 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council's recommendation of 21 February 2017 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2015 (05873/2017 — C8-0053/2017),

               —

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

               —

               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 (3), and in particular Article 208 thereof,

               —

               having regard to Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (4), and in particular Article 14 thereof,

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (5), and in particular Article 108 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A8-0116/2017),

               1.

               Approves the closure of the accounts of the European Agency for Safety and Health at Work for the financial year 2015;

               2.

               Instructs its President to forward this decision to the Director of the European Agency for Safety and Health at Work, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 449, 1.12.2016, p. 179.

      (2)  See footnote 1.

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

      (4)  OJ L 216, 20.8.1994, p. 1.

      (5)  OJ L 328, 7.12.2013, p. 42.