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32003D0430

2003/430/EC: Decision of the European Parliament and of the Council of 19 May 2003 on the revision of the financial perspective

Official Journal L 147 , 14/06/2003 P. 0031 - 0037

Decision of the European Parliament and of the Councilof 19 May 2003on the revision of the financial perspective(2003/430/EC)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Interinstitutional Agreement (IIA) of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(1), and in particular points 19 to 21 thereof,Having regard to the proposal from the Commission(2),Acting in accordance with the procedure laid down in the fifth subparagraph of Article 272(9) of the Treaty(3),Whereas:(1) The European Parliament and the Council have jointly adopted the adjustment of the financial perspective for enlargement(4), as provided for in point 25 of the Interinstitutional Agreement of 6 May 1999.(2) They have subsequently agreed on a Declaration on Article 32 and Annex XV of the Accession Treaty. The Declaration provides for the ceiling of heading 3 (internal policies) to be raised,HAVE DECIDED AS FOLLOWS:Article 1The annual ceilings for appropriations for commitments in heading 3 (internal policies) of the financial perspective, as adjusted under point 25 of the Interinstitutional Agreement of 6 May 1999, shall be raised by the following amounts, expressed in millions of euro in 1999 prices.>TABLE>Article 21. The resulting financial perspective for an enlarged European Union with 25 Members (excluding the budgetary implications resulting from a political settlement in Cyprus), in 1999 prices, is presented in Table 1a attached to this Decision.In the event of a political settlement being reached in Cyprus, the financial perspective for a European Union with 25 Members at 1999 prices, as presented in Table 1b, shall apply.2. The corresponding financial perspective resulting from the technical adjustment for 2004, in line with movements in gross national income (GNI) and prices, are presented in Tables 2a and 2b attached to this Decision.Done at Brussels, 19 May 2003.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentG. Papandreou(1) OJ C 172, 18.6.1999, p. 1.(2) Not yet published in the Official Journal.(3) Decision of the European Parliament of 9 April 2003 and Decision of the Council of 14 April 2003.(4) OJ L 147, 14.6.2003, p. 25.ANNEX ITable 1a: Financial perspective (EU-25) adjusted for enlargement at 1999 prices>TABLE>Table 1b: Financial perspective (EU-25) adjusted for enlargement at 1999 prices(including budgetary implications of a political settlement in Cyprus)>TABLE>Table 2a: Financial perspective (EU-25) adjusted for enlargement at 2004 prices>TABLE>Table 2b: Financial perspective (EU-25) adjusted for enlargement at 2004 prices(including budgetary implications of a political settlement in Cyprus)>TABLE>ANNEX IIDeclaration on Article 32 and Annex XV of the Accession Treaty1. The representatives of the Governments of the Member States meeting within the Council declare that the additional amounts shall be mentioned in Annex XV of the Accession Treaty without prejudice to the European Parliament's rights and the powers and prerogatives of the budgetary authority conferred by Article 272 of the EC Treaty and the relevant provisions of the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure (IIA) in particular points 15, 19 to 21 and 24 thereof and in the negotiations on the future financial perspective.2. The European Parliament and the Council agree to adjust the Financial Perspective for 2004, 2005 and 2006 due to enlargement, in accordance with point 25 of the Interinstitutional Agreement of 6 May 1999 as proposed by the Commission(1).3. In addition, the European Parliament and the Council agree on a revision of the Financial Perspective increasing the ceiling of heading 3, after adjustment under point 25 of the IIA, by EUR 480 million 2004 to 2006, i.e. EUR 50 million for 2004, EUR 190 million for 2005, EUR 240 million for 2006, in accordance with points 19 to 21 of the IIA. The Commission will present the appropriate proposals with a view to adoption before 9 April 2003.4. They also agree, as proposed by the Commission, to transfer the financing of the aid to Turkey from heading 4 to heading 7 and to modify the title as follows: "Pre-accession strategy". Heading 7 would therefore cover expenditure for Bulgaria and Romania and Turkey as a candidate country(2).5. Once adopted, the adjusted ceilings of the Financial Perspective shall apply to all Member States, without any discrimination through subceilings concerning the new Member States.6. They also agree to revise (by the end of the budgetary procedure for 2004), in accordance with the codecision procedure, the reference amounts of the codecided programmes within the limits of the ceilings resulting from the abovementioned adjustment and revision of the Financial Perspective.7. The preliminary draft budget 2004 to be presented by the Commission will cover all current and acceding States, so that the budgetary procedure can lead to an agreement on all relevant appropriations for the enlarged Union.8. In compliance with Article 28 of the draft Accession Treaty, the 2004 budget "shall be adapted to take into account the accession of the new Member States through an amending budget that shall enter into effect on 1 May 2004."9. The European Parliament, the Council and the Commission recall the importance of the Interinstitutional Agreement of 6 May 1999 in the functioning of budgetary procedures, and this can only function if all institutions comply fully.(1) COM(2003) 70.(2) The European Parliament and the Council may decide, on a proposal from the Commission, the inclusion of other candidate countries under heading 7.


title: 2009/127/EC: Council Decision of 18 December 2008 concerning the signature, on behalf of the European Community, of the Cooperation Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, to combat fraud and any other illegal activity to the detriment of their financial interests

text:
               17.2.2009

               EN

               Official Journal of the European Union

               L 46/6

         COUNCIL DECISION
   of 18 December 2008
   concerning the signature, on behalf of the European Community, of the Cooperation Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, to combat fraud and any other illegal activity to the detriment of their financial interests
   (2009/127/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 280 in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               On 14 December 2000, the Council authorised the Commission to negotiate with the Swiss Confederation an Agreement to combat fraud and any other illegal activity to the detriment of the financial interests of the Community and its Member States, including value added tax and excise duties.

               (2)

               In accordance with the Council Decision of 26 October 2004 concerning the signature, on behalf of the European Community, of the Cooperation Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, to combat fraud and any other illegal activity to the detriment of their financial interests, and subject to its conclusion at a later date, the Agreement was signed on behalf of the European Community on 26 October 2004.

               (3)

               The Agreement establishes a Joint Committee with decision-making powers in certain areas and it is thus necessary to specify who represents the Community within this Committee.

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Cooperation Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, to combat fraud and any other illegal activity to the detriment of their financial interests (hereinafter the Agreement) and the accompanying Final Act are hereby approved on behalf of the Community.
   The text of the Agreement and the Final Act are attached to this Decision (2).
   Article 2
   In respect of matters falling within its competence, the Community shall be represented on the Joint Committee set up under Article 39 of the Agreement by the Commission.
   The position to be taken by the Community in the course of the implementation of the Agreement as regards decisions or recommendations of the Joint Committee shall be laid down by the Council, acting by qualified majority, on a proposal from the Commission. The Council shall act unanimously when the position covers a field for which unanimity is required for the adoption of internal rules.
   Article 3
   The President of the Council shall, on behalf of the European Community, give the notification provided for in Article 44(2) of the Agreement (3).
   The President of the Council shall notify a declaration of the European Community according to which, until the entry into force of the Agreement, the Community shall consider itself bound by the Agreement, within the limits of its competence, in its relations with any other Contracting Party having made the same declaration, in accordance with Article 44(3) of the Agreement (4).
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 18 December 2008.

            For the Council

            The President

         M. BARNIER

      (1)  OJ C 304 E, 1.12.2005, p. 106.

      (2)  See page 8 of this Official Journal.

      (3)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

      (4)  The date of application of the Agreement between the Community and Switzerland, by virtue of Article 44(3) of the Agreement, will be published in the Official Journal of the European Union by the General Secretariat of the Council.
   FINAL ACT
   The plenipotentiaries of
   THE KINGDOM OF BELGIUM,
   THE CZECH REPUBLIC,
   THE KINGDOM OF DENMARK,
   THE FEDERAL REPUBLIC OF GERMANY,
   THE REPUBLIC OF ESTONIA,
   THE HELLENIC REPUBLIC,
   THE KINGDOM OF SPAIN,
   THE FRENCH REPUBLIC,
   IRELAND,
   THE ITALIAN REPUBLIC,
   THE REPUBLIC OF CYPRUS,
   THE REPUBLIC OF LATVIA,
   THE REPUBLIC OF LITHUANIA,
   THE GRAND DUCHY OF LUXEMBOURG,
   THE REPUBLIC OF HUNGARY,
   THE REPUBLIC OF MALTA,
   THE KINGDOM OF THE NETHERLANDS,
   THE REPUBLIC OF AUSTRIA,
   THE REPUBLIC OF POLAND,
   THE PORTUGUESE REPUBLIC,
   THE REPUBLIC OF SLOVENIA,
   THE SLOVAK REPUBLIC,
   THE REPUBLIC OF FINLAND,
   THE KINGDOM OF SWEDEN,
   THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
   THE EUROPEAN COMMUNITY,
   of the one part, and of
   THE SWISS CONFEDERATION,
   of the other part,
   meeting on 26 October 2004 for the signature of the Cooperation Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, to combat fraud and any other illegal activity to the detriment of their financial interests, have adopted the joint declarations listed below and attached to this Final Act:

               1.

               Joint declaration on money laundering;

               2.

               Joint declaration on cooperation by the Swiss Confederation with Eurojust and, if possible, with the European Judicial Network.

         The plenipotentiaries of the European Union and of its Member States and the plenipotentiaries of the Swiss Confederation have furthermore adopted the Agreed Minute of the negotiations attached to this Final Act. The Agreed Minute is binding.

      Hecho en Luxemburgo, el veintiseis de octubre del dos mil cuatro.
      V Lucemburku dne dvacátého šestého října dva tisíce čtyři.
      Udfærdiget i Luxembourg den seksogtyvende oktober to tusind og fire.
      Geschehen zu Luxemburg am sechsundzwanzigsten Oktober zweitausendundvier.
      Kahe tuhande neljanda aasta oktoobrikuu kahekümne kuuendal päeval Luxembourgis.
      Έγινε στo Λουξεμβούργο, στις είκοσι έξι Οκτωβρίου δύο χιλιάδες τέσσερα.
      Done at Luxembourg on the twenty sixth day of October in the year two thousand and four.
      Fait à Luxembourg, le vingt six octobre deux mille quatre.
      Fatto a Lussemburgo, addì ventisei ottobre duemilaquattro.
      Luksemburgā, divi tūkstoši ceturtā gada divdesmit sestajā oktobrī.
      Priimta du tũkstančiai ketvirtų metų spalio dvidešimt šeštą dieną Liuksemburge.
      Kelt Luxembourgban, a kettőezer negyedik év október huszonhatodik napján.
      Magħmul fil-Lussemburgu fis-sitta u għoxrin jum ta' Ottubru tas-sena elfejn u erbgħa.
      Gedaan te Luxemburg, de zesentwintigste oktober tweeduizendvier.
      Sporządzono w Luksemburgu, dnia dwudziestego szóstego października roku dwutysięcznego czwartego.
      Feito no Luxemburgo, em vinte e seis de Outubro de dois mil e quatro.
      V Luxemburgu dvadsiateho šiesteho októbra dvetisícštyri.
      V Luxembourgu, dne šestindvajsetega oktobra leta dva tisoč štiri.
      Tehty Luxemburgissa kahdentenakymmenentenäkuudentena päivänä lokakuuta vuonna kaksituhattaneljä.
      Som skedde i Luxemburg den tjugosjätte oktober tjugohundrafyra.

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

         Cette signature engage égalerment la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.
         Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.
         Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.

         Za Českou republiku

         På Kongeriget Danmarks vegne

         Für die Bundesrepublik Deutschland

         Eesti Vabariigi nimel

         Για την Ελληνική Δημοκρατία

         Por el Reino de España

         Pour la République française

         Thar cheann Na hÉireann
         For Ireland

         Per la Repubblica italiana

         Για την Κυπριακή Δημοκρατία

         Latvijas Republikas vārdā

         Lietuvos Respublikos vardu

         Pour le Grand-Duché de Luxembourg

         A Magyar Köztársaság részéről

         Għar-Repubblika ta' Malta

         Voor het Koninkrijk der Nederlanden

         Für die Republik Österreich

         W imieniu Rzeczypospolitej Polskiej

         Pela República Portuguesa

         Za Republiko Slovenijo

         Za Slovinskú republiku

         Suomen tasavallan puolesta
         För Republiken Finland

         För Konungariket Sverige

         For the United Kingdom of Great Britain and Northern Ireland

         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
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         På Europeiska gemenskapens vägnar

         Für die Schweizerische Eidgenossenschaft
         Pour la Confédération suisse
         Per la Confederazione svizzera

   JOINT DECLARATION ON MONEY LAUNDERING
   The Contracting Parties hereby agree that Article 2(3) of the Agreement on cooperation in combating money laundering shall include as precursor offences those which constitute tax fraud or professional smuggling under Swiss law. Information received in response to a request concerning laundering may be used in proceedings for laundering, save in proceedings against Swiss persons if all the acts relevant to the offence were committed in Switzerland only.
   JOINT DECLARATION ON COOPERATION BY THE SWISS CONFEDERATION WITH EUROJUST AND, IF POSSIBLE, WITH THE EUROPEAN JUDICIAL NETWORK
   The Contracting Parties take note of the Swiss Confederation’s wish to study the possibility of cooperating in the work of Eurojust and, if possible, the European Judicial Network.
   AGREED MINUTE OF THE NEGOTIATIONS ON THE COOPERATION AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND ITS MEMBER STATES, OF THE ONE PART, AND THE SWISS CONFEDERATION, OF THE OTHER PART, TO COMBAT FRAUD AND ANY OTHER ILLEGAL ACTIVITY TO THE DETRIMENT OF THEIR FINANCIAL INTERESTS
   The Contracting Parties have agreed as follows:
   Ad Article 2(1)(a)
   The expression ‘fraud and any other illegal activity’ extends to smuggling, corruption and laundering of the proceeds of the activities covered by this Agreement, subject to Article 2(3).
   The expression ‘trade in goods contrary to customs and agricultural legislation’ is to be understood independently of the passage (departure, destination or transit) or otherwise of the goods through the territory of the other Contracting Party.
   The expression ‘trade contrary to tax legislation applicable to value added tax, special taxes on consumption and excise duties’ is to be understood independently of the passage (departure, destination or transit) or otherwise of the goods or services through the territory of the other Contracting Party.
   Ad Article 15(2)
   The term ‘investigation means’ includes the questioning of persons, the searching of premises and means of transport, the copying of documents, the requesting of information and the seizure of objects, documents and items of value.
   Ad second subparagraph of Article 16(2)
   This subparagraph also means that those present may in particular be authorised to put questions and propose measures of investigation.
   Ad Article 25(2)
   The concept of multilateral Agreements between the Contracting Parties includes in particular, as of its entry into force, the Agreement between the European Union, the European Community and the Swiss Confederation concerning the latter’s association with the implementation, application and development of the Schengen acquis.
   Ad Article 35(1)
   ‘Request for mutual legal assistance’ also means the transmission of information and evidence to the authority of the requesting Contracting Party.
   Ad Article 43
   The European Commission will, at the latest at the date of signature of this Agreement, send an indicative list of the territories to which this Agreement applies.
    ---documentbreak---

               17.2.2009

               EN

               Official Journal of the European Union

               L 46/8

         COOPERATION AGREEMENT
   between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, to combat fraud and any other illegal activity to the detriment of their financial interests
   THE EUROPEAN COMMUNITY,
   THE KINGDOM OF BELGIUM,
   THE CZECH REPUBLIC,
   THE KINGDOM OF DENMARK,
   THE FEDERAL REPUBLIC OF GERMANY,
   THE REPUBLIC OF ESTONIA,
   THE HELLENIC REPUBLIC,
   THE KINGDOM OF SPAIN,
   THE FRENCH REPUBLIC,
   IRELAND,
   THE ITALIAN REPUBLIC,
   THE REPUBLIC OF CYPRUS,
   THE REPUBLIC OF LATVIA,
   THE REPUBLIC OF LITHUANIA,
   THE GRAND DUCHY OF LUXEMBOURG,
   THE REPUBLIC OF HUNGARY,
   THE REPUBLIC OF MALTA,
   THE KINGDOM OF THE NETHERLANDS,
   THE REPUBLIC OF AUSTRIA,
   THE REPUBLIC OF POLAND,
   THE PORTUGUESE REPUBLIC,
   THE REPUBLIC OF SLOVENIA,
   THE SLOVAK REPUBLIC,
   THE REPUBLIC OF FINLAND,
   THE KINGDOM OF SWEDEN,
   THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
   of the one part, and
   THE SWISS CONFEDERATION,
   of the other part,
   hereinafter referred to as the ‘Contracting Parties’,
   CONSIDERING the close relations between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part,
   DESIRING to be effective in combating fraud and any other illegal activity to the detriment of the Contracting Parties’ financial interests,
   TAKING ACCOUNT of the need to step up administrative assistance in these areas,
   CONVINCED that mutual legal assistance, extending to searches and seizures, must be afforded, including in all cases of smuggling and evasion in the field of indirect taxation, in particular value added tax and customs and excise duties,
   RECOGNISING the importance of combating money laundering,
   HAVE DECIDED TO CONCLUDE THIS AGREEMENT:
   TITLE I
   GENERAL PROVISIONS
   Article 1
   Objective
   The objective of this Agreement is to extend administrative and mutual legal assistance in criminal matters between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, so as to combat the illegal activities to which Article 2 applies.
   Article 2
   Scope
   1.   This Agreement is applicable to:

               (a)

               the administrative and criminal prevention, detection, investigation, prosecution and repression of fraud and any other illegal activity to the detriment of the Contracting Parties’ respective financial interests concerning:

                           —

                           trade in goods contrary to customs and agricultural legislation,

                           —

                           trade contrary to tax legislation applicable to value added tax, special taxes on consumption and excise duties,

                           —

                           the charging or retention of funds — including their use for purposes other than those for which they were initially granted — from the budget of the Contracting Parties or budgets managed by them or on their behalf, such as grants and refunds,

                           —

                           procedures for the award of contracts by the Contracting Parties,

               (b)

               the seizure and recovery of amounts due or wrongly received as a result of the illegal activities referred to in point (a).

         2.   Cooperation within the meaning of Titles II (Administrative assistance) and III (Mutual legal assistance) may not be withheld on the sole ground that the request relates to an offence treated as a tax offence in the requested Contracting Party or that the legislation of the requested Contracting Party does not provide for the same type of levy or expenditure or does not contain the same type of rules or the same legal characterisation of the facts as the legislation of the requesting Contracting Party.
   3.   The scope of this Agreement includes the laundering of the proceeds of the activities covered by the Agreement provided that the activities which constitute the precursor offence are punishable under the law of the two Contracting Parties by a penalty involving deprivation of liberty or a detention order of a maximum period of more than six months.
   4.   Direct taxes are excluded from the scope of this Agreement.
   Article 3
   Minor cases
   1.   The authority of the requested Contracting Party may refuse a request for cooperation where the alleged amount of duty underpaid or evaded does not exceed EUR 25 000 or where the presumed value of the goods exported or imported without authorisation does not exceed EUR 100 000, unless, given the circumstances or identity of the suspect, the case is deemed to be extremely serious by the requesting Contracting Party.
   2.   The authority of the requested Contracting Party shall inform the authority of the requesting Contracting Party without delay of its reasons for refusing the request for cooperation.
   Article 4
   Ordre public
   Cooperation may be refused if the requested Contracting Party considers that execution of the request is likely to prejudice the sovereignty, security, ordre public or other essential interests of the requested Contracting Party.
   Article 5
   Transmission of information and evidence
   1.   Information and evidence transmitted or received under this Agreement, whatever its form, shall be subject to professional confidentiality and shall enjoy the protection enjoyed by comparable information conferred by the domestic law of the Contracting Party receiving it and by the corresponding provisions applicable to the Community institutions.
   In particular, such information and evidence may not be divulged to persons other than those who, in the Community institutions, the Member States or the Swiss Confederation, are required by their functions to be acquainted with it, nor used by them for purposes that are not within the scope of this Agreement.
   2.   The information and evidence obtained by the requesting Contracting Party under this Agreement may be transmitted to any Contracting Party if this Contracting Party is conducting an investigation in respect of which cooperation is not excluded or if there are clear indications that this Contracting Party could usefully conduct such an investigation. No such transmission may serve any purpose other than those of this Agreement.
   3.   The transmission of information and evidence obtained pursuant to this Agreement by a Contracting Party to another Contracting Party or to more than one Contracting Party may not be open to appeal in the Contracting Party initially requested.
   4.   Any Contracting Party to which information or evidence is transmitted in conformity with paragraph 2 shall respect such limits as are put by the requested Contracting Party on the use of the information by the requesting Contracting Party of the first transmission.
   5.   The transmission of information and evidence obtained under this Agreement by a Contracting Party to a third State shall be subject to authorisation from the Contracting Party from which the information or evidence originated.
   Article 6
   Confidentiality
   The requesting Contracting Party may ask the requested Contracting Party to ensure that the request and the content thereof remain confidential, except in so far as this is incompatible with the execution of the request. If the requested Contracting Party cannot comply with confidentiality requirements, it shall inform the authority of the requesting Contracting Party in advance.
   TITLE II
   ADMINISTRATIVE ASSISTANCE
   CHAPTER 1
   General provisions
   Article 7
   Relationship with other agreements
   This Title shall not affect the provisions applicable to mutual legal assistance in criminal matters or more extensive obligations in the field of administrative assistance or more favourable provisions of bilateral or multilateral cooperation arrangements between the Contracting Parties, in particular the Additional Protocol on mutual administrative assistance in customs matters of 9 June 1997.
   Article 8
   Scope
   1.   The Contracting Parties shall provide each other with mutual assistance to combat illegal activities to which this Agreement applies, in particular in preventing and detecting operations and other acts of commission and omission contrary to the relevant legislation and in conducting investigations relating thereto.
   2.   The assistance provided for by this Title shall apply to all competent administrative authorities in the Contracting Parties acting in the exercise of administrative investigation powers or criminal prosecution powers, including cases where these authorities exercise powers at the request of the judicial authorities.
   Where a criminal investigation is carried out by or under the direction of a judicial authority, that authority shall determine whether requests for mutual assistance or cooperation in that connection shall be submitted on the basis of the provisions applicable concerning mutual legal assistance in criminal matters or on the basis of this Title.
   Article 9
   Powers
   1.   The authorities of the Contracting Parties shall apply this Title with the limits of the powers conferred upon them under national provisions. Nothing in this Title may be construed as affecting the powers conferred under national provisions upon the authorities of the Contracting Parties within the meaning of this Title.
   They shall proceed as though they were acting on their own account or at the request of another authority of the same Contracting Party. In so doing they shall avail themselves of all the legal powers at their disposal within the framework of their national law to respond to the request.
   2.   Requests addressed to non-competent authorities shall be forwarded without delay to the competent authority.
   Article 10
   Proportionality
   The authority of the requested Contracting Party may refuse a request for cooperation where it is clear that:

               (a)

               the number and the nature of the requests for information made by the requesting Contracting Party within a specific period impose a disproportionate administrative burden on that requested authority;

               (b)

               the authority of the requesting Contracting Party has not exhausted the usual sources of information which it could have used in the circumstances to obtain the information requested without running the risk of jeopardising the achievement of the desired end.

         Article 11
   Central units
   1.   Each Contracting Party shall designate one or more central unit empowered to process requests for administrative assistance under this Title.
   These units shall call on all competent administrative authorities for the execution of the assistance requested.
   2.   The central units shall communicate directly with each other.
   3.   The activities of the central units shall not exclude, especially in an emergency, direct cooperation between the other authorities in the Contracting Parties having power to act in matters to which this Agreement applies. The central units shall be informed of any action involving such direct cooperation.
   4.   The Contracting Parties, when making the notification provided for by Article 44(2), shall announce which are the authorities regarded as the central units for the purposes of this Article.
   CHAPTER 2
   Assistance on request
   Article 12
   Requests for information
   1.   At the request of the authority of the requesting Contracting Party, the authority of the requested Contracting Party shall communicate to it, within the limits of the scope of this Agreement, all information which may enable it or other authorities of the same Contracting Party to prevent, detect and prosecute the illegal activities to which the Agreement applies or needed to recover a claim. The authority of the requested Contracting Party shall undertake all requisite administrative inquiries needed to gather such information.
   2.   The information communicated is to be accompanied by reports and other documents, or certified copies of or extracts of the same, on which the information notified is based and which are in the possession of the authorities of the requested Contracting Party or which were produced or obtained in order to execute the request for information.
   3.   By agreement between the authority of the requesting Contracting Party and the authority of the requested Contracting Party, officers authorised by the authority of the requesting Contracting Party may, subject to detailed instructions from the authority of the requested Party, have access in the offices of the authorities of the requested Contracting Party to documents and information pursuant to paragraph 1 held by the authorities of the requested Contracting Party which refer to specific illegal activities falling within the scope of this Agreement. Those officers shall be authorised to take copies of the said documentation.
   Article 13
   Requests for surveillance
   At the request of the authority of the requesting Contracting Party, the authority of the requested Contracting Party shall as far as possible exercise surveillance over trade in goods in breach of the legislation referred to in Article 2. Such surveillance may relate to a person suspected on reasonable grounds of having participated or of participating in the commission of such illegal activities or having carried out preparatory acts with a view to the commission of such illegal activities, as well as to the premises, means of transport and goods connected with such activities.
   Article 14
   Notification and transmission by post
   1.   At the request of the authority of the requesting Contracting Party, the authority of the requested Contracting Party shall, in accordance with the national rules of the requested Contracting Party, notify the addressee or have it notified, of all instruments or decisions emanating from the competent authorities of the requesting Contracting Party which are within the scope of this Agreement.
   2.   Requests for notification, mentioning the subject of the instrument or decision to be notified, shall be accompanied by a translation in an official language of the requested Contracting Party or in a language acceptable to that Contracting Party.
   3.   The Contracting Parties may post acts of notification and requests for information and documents direct to the operators concerned by the third and fourth indents of Article 2(1)(a) residing in the other Contracting Party’s territory.
   Such persons may respond thereto and provide the relevant documents and information in the form provided for by the rules and arrangements under which the funds were granted.
   Article 15
   Requests for enquiries
   1.   The requested Contracting Party shall at the request of the requesting Contracting Party carry out or arrange to have carried out appropriate enquiries concerning operations or forms of conduct that constitute illegal activities to which this Agreement applies or which prompt the authority of the requesting Contracting Party to suspect on reasonable grounds that such illegal activities have been committed.
   2.   The requested Contracting Party shall avail themselves of all investigation means at its disposal within the framework of their national law as though it were acting on its own account or at the request of another internal authority, including the involvement or authorisation of the judicial authorities where required.
   This provision shall be without prejudice to the duty of economic operators to cooperate under Article 17.
   The authority of the requested Contracting Party shall communicate the results of such investigations to the authority of the requesting Contracting Party. Article 12(2) shall apply mutatis mutandis.
   3.   The authority of the requested Contracting Party shall extend assistance to all circumstances, objects and persons apparently linked to the object of the request for assistance, without any need for a supplementary request. In cases of doubt, the authority of the requested Contracting Party shall first contact the authority of the requesting Contracting Party.
   Article 16
   Presence of authorised staff from the authority of the requesting Contracting Party
   1.   By agreement between the authority of the requesting Contracting Party and the authority of the requested Contracting Party, officers appointed by the authority of the requesting Contracting Party may be present at the enquiries referred to in the previous Article. Their presence shall not require the consent of the person or economic operator being investigated.
   2.   Officers of the authority of the requested Contracting Party shall at all times carry out the enquiries. Officers of the authority of the requesting Contracting Party may not, of their own initiative, exercise the powers conferred on officers of the authority of the requested Contracting Party.
   They shall, however, have access to the same premises and the same documents as the latter, through them and for the sole purposes of the enquiry being carried out.
   3.   Conditions may be attached to the authorisation.
   4.   The information brought to the knowledge of the authority of the requesting Contracting Party may not be used as evidence until the transmission of the documents relating to execution has been authorised.
   Article 17
   Duty to cooperate
   Economic operators shall be required to cooperate with the execution of the request for administrative assistance by giving access to their premises, means of transport and documentation and providing all relevant information.
   Article 18
   Form and content of requests for assistance
   1.   Requests for assistance shall be made in writing. Documents necessary for the execution of such requests shall accompany the requests.
   In cases of urgency, oral requests shall be accepted, but must be confirmed in writing as soon as possible.
   2.   Requests shall be accompanied by the following information:

               (a)

               the requesting authority;

               (b)

               the measure requested;

               (c)

               the object and the grounds for the request;

               (d)

               the laws, rules and other legal provisions involved;

               (e)

               indications as exact and comprehensive as possible of the natural or legal persons being the target of the investigations;

               (f)

               a summary of the relevant facts and of the enquiries already carried out, except in cases provided for in Article 14.

         3.   Requests shall be submitted in an official language of the requested Contracting Party or in a language that is acceptable to that Contracting Party.
   4.   Incorrect or incomplete requests may be corrected or completed. The measures necessary to comply with the request shall be commenced in the meantime.
   Article 19
   Use of information
   1.   The information obtained shall be used exclusively for the purposes of this Agreement. Where a Contracting Party asks to use such information for other purposes, it shall request the prior written agreement of the supplying authority. Such use shall then be subject to any restrictions laid down by that authority.
   2.   Paragraph 1 shall not preclude the use of the information in judicial or administrative proceedings for failure to comply with the legislation to which the request for administrative assistance applies if the same forms of assistance were to be available for these proceedings. The competent authority of the Contracting Party which supplied the information shall be advised without delay of such use.
   3.   The Contracting Parties may, in their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, use as evidence the information obtained and the documents consulted in accordance with this Agreement.
   CHAPTER 3
   Spontaneous assistance
   Article 20
   Spontaneous assistance
   1.   The forms of cooperation established by the foregoing Chapter may be given without the prior request of another Contracting Party.
   2.   The authority of the Contracting Party transmitting the information may, in accordance with its domestic law, attach conditions to the use of the information by the authority of the recipient Contracting Party.
   3.   All the authorities of the Contracting Parties shall be bound by such conditions.
   CHAPTER 4
   Special forms of cooperation
   Article 21
   Joint operations
   1.   On imports, exports and transit of goods, where the extent of the trade and the related risk to taxes and subsidies is such that the potential financial loss to the budget of the Contracting Parties is considerable, those Parties may agree to conduct joint cross-border operations for the prevention and prosecution of illegal activities to which this Agreement applies.
   2.   The coordination and planning of such cross-border operations shall be the responsibility of the central unit or of an office designated by it.
   Article 22
   Joint special investigation teams
   1.   By mutual agreement, the authorities of several Contracting Parties may set up a joint special investigation team based in a Contracting Party.
   2.   The joint team shall conduct difficult investigations requiring the mobilisation of substantial resources and shall coordinate joint actions.
   3.   Membership of the team shall not bestow on representatives of the participating Contracting Parties’ authorities any powers of intervention in the territory of the Contracting Party in which the investigations are conducted.
   Article 23
   Liaison officers
   1.   The competent authorities of the Contracting Parties may decide on the secondment, for limited or unlimited periods, of liaison officers of a Contracting Party to the competent services of another Contracting Party in order to provide mutual support in the execution of administrative assistance.
   2.   Liaison officers shall have the task of providing advice and assistance. They shall have no independent power to act in the territory of the host Contracting Party. With the agreement or at the request of the competent authorities of the Contracting Parties, they may:

               (a)

               promote and speed up the exchange of information;

               (b)

               provide assistance in investigations;

               (c)

               provide support in dealing with requests for assistance;

               (d)

               advise and assist the host Contracting Party in preparing and carrying out cross-border operations;

               (e)

               perform any other duties on which the Contracting Parties may agree between themselves.

         3.   The competent authorities of the Contracting Parties shall settle the details by agreement.
   4.   Liaison officers may represent the interests of one or more Contracting Parties.
   CHAPTER 5
   Recovery
   Article 24
   Recovery
   1.   At the request of the requesting Contracting Party, the requested Contracting Party shall proceed to the recovery of claims to which this Agreement applies as if they were its own claims.
   2.   The request for recovery of a claim shall be accompanied by an official copy or a certified copy of the document permitting execution, issued by the requesting Contracting Party and, where appropriate, the original or a certified copy of other documents needed for recovery.
   3.   The requested Contracting Party shall take precautionary measures to ensure recovery of a claim.
   4.   The authority of the Contracting Party requested shall transfer to the authority of the requesting Contracting Party the amount of the claim that it has recovered. In agreement with the requesting Contracting Party, it may deduct a percentage corresponding to the administrative costs it has incurred.
   5.   Notwithstanding paragraph 1, claims to be recovered shall not necessarily enjoy the same priority status as comparable claims arising in the requested Contracting Party.
   TITLE III
   MUTUAL LEGAL ASSISTANCE
   Article 25
   Relationship with other Agreements
   1.   The provisions of this Title are intended to supplement the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, and the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime of 8 November 1990, and to facilitate their implementation between the Contracting Parties.
   2.   More favourable provisions of bilateral or multilateral Agreements between the Contracting Parties are not affected.
   Article 26
   Procedures in which mutual legal assistance shall also be afforded
   1.   Mutual legal assistance shall also be afforded:

               (a)

               in proceedings brought by the administrative authorities in respect of acts which are punishable under the national law of one of the two Contracting Parties, or of both, by virtue of being infringements of the rules of law, and where the decision may give rise to proceedings before a court having jurisdiction in particular in criminal matters;

               (b)

               in civil actions joined to criminal proceedings, as long as the criminal court has not yet taken a final decision in the criminal proceedings;

               (c)

               for offences or infringements for which a legal person of the requesting Contracting Party may be liable.

         2.   Assistance shall also be given for the purposes of investigations and proceedings for the seizure and confiscation of the instruments and products of these illegal activities.
   Article 27
   Transmission of requests
   1.   Requests under this Title shall be presented by the authority of the requesting Contracting Party either via a relevant central authority of the requested Contracting Party, or direct to the Contracting Party’s authority which is empowered to execute the requesting Contracting Party’s request. The authority of the requesting Contracting Party and, where appropriate, the authority of the Contracting Party requested shall send a copy of the request to its central authority for information.
   2.   All documents relating to requests or the execution thereof may be sent by the same channels. They, or at least a copy, must be sent directly to the authority of the requesting Contracting Party.
   3.   If the authority of the Contracting Party receiving a request has no power to authorise assistance, it shall forthwith forward it to the competent authority.
   4.   Defective or incomplete requests shall be applied if they contain the information needed to satisfy them, without prejudice to subsequent regularisation by the authority of the requesting Contracting Party. The authority of the Contracting Party requested shall inform the authority of the requesting Contracting Party of the defects and allow it time to regularise them.
   The authority of the Contracting Party requested shall without delay send the authority of the requesting Contracting Party all other indications that may help it to complete its request or extend it to include other measures.
   5.   The Contracting Parties, when making the notification provided for by Article 44(2), shall announce which are the competent central authorities for the purposes of this Article.
   Article 28
   Service by post
   1.   As a rule the Contracting Parties shall, in proceedings for illegal activities covered by this Agreement, send procedural documents intended for persons who are in the territory of the other Contracting Party directly by post.
   2.   If the authority of the Contracting Party that issued the documents knows or has reason to believe that the addressee understands only some other language, the documents, or at least the most important passages thereof, shall be accompanied by a translation into that other language.
   3.   The authority of the serving Contracting Party shall advise the addressee that no measure of restraint or punishment may be enforced directly by that authority in the territory of the other Contracting Party.
   4.   All procedural documents shall be accompanied by a report indicating that the addressee may obtain information from the authority identified in the report regarding his or her rights and obligations concerning the documents.
   Article 29
   Provisional measures
   1.   Within the limits of its domestic law and its respective powers and at the request of the authority of the requesting Contracting Party, the competent authority of the requested Contracting Party shall order the necessary provisional measures for the purpose of maintaining an existing situation, protecting endangered legal interests or preserving evidence, if the request for mutual assistance does not appear manifestly inadmissible.
   2.   Preventive freezing and seizure of instrumentalities and proceeds of offences shall be ordered in cases where assistance is requested. If the proceeds of an offence no longer exist in whole or in part, the same measures shall be ordered in relation to assets located within the territory of the requested Contracting Party corresponding in value to the proceeds in question.
   Article 30
   Presence of the authorities of the requesting Contracting Party
   1.   The requested Contracting Party shall, at the request of the requesting Contracting Party, authorise the representatives of the latter Party’s authorities to attend the execution of the request for mutual legal assistance. Their presence shall not require the consent of the person concerned by the measure.
   Conditions may be attached to the authorisation.
   2.   The persons present shall have access to the same premises and the same documents as the representatives of the requested Contracting Party, through them and for the sole purposes of execution of the request for mutual legal assistance. In particular they may be authorised to put or propose questions and suggest measures of investigation.
   3.   Their presence shall not result in facts being divulged to persons other than those authorised by virtue of the preceding paragraphs in breach of judicial confidentiality or the rights of the person concerned. The information brought to the knowledge of the authority of the requesting Contracting Party may not be used as evidence until the decision on transmission of the documents relating to execution has acquired the force of res judicata.
   Article 31
   Searches and seizures
   1.   The Contracting Parties may not make the admissibility of letters rogatory for search or seizure dependent on conditions other than the following:

               (a)

               the act giving rise to the letters rogatory is punishable under the law of both Contracting Parties by a penalty involving deprivation of liberty or a detention order of a maximum period of at least six months, or is punishable under the law of one of the two Contracting Parties by an equivalent penalty and under the law of the other Contracting Party by virtue of being an infringement of the rules of law which is being prosecuted by the administrative authorities, and where the decision may give rise to proceedings before a court having jurisdiction in particular in criminal matters;

               (b)

               execution of the letters rogatory is consistent with the law of the requested Contracting Party.

         2.   Letters rogatory for purposes of search and seizure for laundering offences within the scope of this Agreement shall also be admissible provided that the activities making up the precursor offence are punishable under the law of the two Contracting Parties by a penalty involving deprivation of liberty or a detention order of a maximum period of more than six months.
   Article 32
   Requests for banking and financial information
   1.   Where the conditions of Article 31 are met, the requested Contracting Party shall execute requests for assistance in obtaining and transmitting banking and financial information, including:

               (a)

               the identification of, and information concerning, bank accounts opened at banks established in its territory and where persons under investigation are the account holders, authorised signatories or in effective control;

               (b)

               the identification of, and all information concerning, banking transactions and operations conducted from, to or via one or more bank accounts or by specified persons during a specified period.

         2.   To the extent authorised by virtue of its law governing criminal proceedings for similar domestic cases, the requested Contracting Party may order surveillance of banking operations conducted from, to or via one or more bank accounts or by specified persons during a specified period, and transmission of the results to the requesting Contracting Party. The decision to monitor transactions and transmit the results shall be taken in each individual case by the competent authorities of the requested Contracting Party and shall comply with that Contracting Party’s national law. The practical details regarding the monitoring shall be determined by agreement between the competent authorities of the requesting and requested Contracting Parties.
   3.   Each Contracting Party shall take the necessary measures to ensure the financial institutions do not disclose to the customer concerned or to other third persons that measures are being executed at the request of the requesting Contracting Party or that an investigation is under way, for such time as is necessary to avoid compromising the results.
   4.   The authority of the Contracting Party issuing the request shall:

               (a)

               state why it considers that the requested information is likely to be of substantial value for the purpose of the investigation into the offence;

               (b)

               state on what grounds it presumes that banks in the requested Contracting Party hold the account and, to the extent available, which banks may be involved;

               (c)

               include all information available which may facilitate the execution of the request.

         5.   A Contracting Party shall not invoke banking secrecy as grounds for rejecting all cooperation on a request for mutual assistance from another Contracting Party.
   Article 33
   Controlled deliveries
   1.   The competent authority in the requested Contracting Party shall undertake to ensure that, at the request of the authority of the requesting Contracting Party, controlled deliveries may be permitted in its territory within the framework of criminal investigations into extraditable offences.
   2.   The decision to carry out controlled deliveries shall be taken in each individual case by the competent authorities of the requested Contracting Party, with due regard for its national law.
   3.   Controlled deliveries shall take place in accordance with the procedures provided for in the law of the requested Contracting Party. The right to act and to direct and control operations shall lie with the competent authorities of that Contracting Party.
   Article 34
   Handing-over for confiscation or return
   1.   At the request of the requesting Contracting Party, all objects, documents, funds or other items of value that have been seized on a precautionary basis may be handed over for confiscation or for return to the rightful owner.
   2.   The requested Contracting Party may not refuse to return funds on the sole ground that they correspond to a tax or customs debt.
   3.   Rights asserted by a third party in good faith shall remain reserved.
   Article 35
   Speeding up assistance
   1.   The authority of the requested Contracting Party shall execute the request for mutual legal assistance as soon as possible, taking as full account as possible of the procedural deadlines and other deadlines indicated by the authority of the requesting Contracting Party. The requesting Contracting Party shall explain the reasons for the deadline.
   2.   If the request cannot, or cannot fully, be executed in accordance with the requirements set by the authority of the requesting Contracting Party, the authority of the requested Contracting Party shall promptly inform the authority of the requesting Contracting Party and indicate the conditions under which it might be possible to execute the request. The authorities of the requesting and the requested Contracting Parties may subsequently agree on further action to be taken concerning the request, where necessary by making such action subject to the fulfilment of those conditions.
   If it is foreseeable that the deadline set by the authority of the requesting Contracting Party for executing its request cannot be met and if the reasons referred to in the second sentence of paragraph 1, indicate explicitly that any delay will lead to substantial impairment of the proceedings being conducted by that authority, the authority of the requested Contracting Party shall promptly indicate the estimated time needed for execution of the request. The authority of the requesting Contracting Party shall promptly indicate whether the request is to be upheld nonetheless. The authorities of the requesting and requested Contracting Parties may subsequently agree on further action to be taken concerning the request.
   Article 36
   Use of information and evidence
   Information and evidence transmitted in the course of the assistance procedure may be used for the following purposes in addition to the purposes of the assistance procedure for which it was supplied:

               (a)

               in criminal proceedings in the requesting Contracting Party against other persons who participated in the commission of the offence for which assistance was given;

               (b)

               where the infringements on which the request is based constitute another offence for which assistance ought also to be given;

               (c)

               in proceedings for the confiscation of the instrumentalities and proceeds of offences for which assistance ought to be given and in proceedings for damages in respect of infringements for which assistance had been given.

         Article 37
   Spontaneous transmission
   1.   Within the limits of their national law and their powers, the judicial authorities of a Contracting Party may spontaneously transmit information or evidence to the judicial authorities of another Contracting Party, when they consider that such information or evidence might assist the receiving Contracting Party’s authority in initiating or carrying out investigations or proceedings, or might lead to a request for mutual legal assistance by the receiving authority.
   2.   The authority of the Contracting Party transmitting the information may, pursuant to its national law, impose conditions on the use of such information by the authority of the receiving Contracting Party.
   3.   All the authorities of the Contracting Parties shall be bound by such conditions.
   Article 38
   Procedures in the requested Contracting Party
   The request for assistance shall be without prejudice to such rights as the requesting Contracting Party may enjoy as a result of its status as partie civile in domestic judicial criminal proceedings commenced before the authorities of the requested Contracting Party.
   TITLE IV
   FINAL PROVISIONS
   Article 39
   Joint Committee
   1.   A Joint Committee shall be established, consisting of representatives of the Contracting Parties, and shall be responsible for the sound application of this Agreement. To that end, it shall make recommendations and take decisions in the cases provided for by the Agreement. It shall act by mutual agreement.
   2.   The Joint Committee shall adopt its Rules of Procedure, which shall include provisions governing the convening of meetings, the designation of the Chair and the determination of his or her functions.
   3.   The Joint Committee shall meet as required but no less than once every year. Any Contracting Party may request that a meeting be convened.
   4.   The Joint Committee may decide to establish working parties or expert groups to assist it in the performance of its tasks.
   Article 40
   Dispute settlement
   1.   Each Contracting Party may submit to the Joint Committee a dispute relating to the interpretation or application of this Agreement, in particular if it considers that another Contracting Party is failing repeatedly to take action on requests for cooperation made to it.
   2.   The Joint Committee shall endeavour to settle the dispute as quickly as possible. The Joint Committee shall be supplied with all relevant items of information to assist its detailed examination of the situation with a view to identifying a satisfactory solution. To that end, the Joint Committee shall examine all possibilities of preserving the sound operation of this Agreement.
   Article 41
   Reciprocity
   1.   The authority of the requested Contracting Party may refuse a request for cooperation where the requesting Contracting Party fails repeatedly to take action on a request for cooperation in similar cases.
   2.   Before a request for cooperation is refused on the grounds of reciprocity, the Joint Committee shall be informed to give it the opportunity to state its opinion on the matter.
   Article 42
   Revision
   If a Contracting Party wishes this Agreement to be revised, it shall lay a proposal before the Joint Committee, which shall make recommendations, notably for the commencement of negotiations.
   Article 43
   Territorial scope
   This Agreement shall apply, on the one hand, to the territory of the Swiss Confederation and, on the other hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty.
   Article 44
   Entry into force
   1.   This Agreement shall be concluded for an indefinite period.
   2.   It shall be ratified or approved by the Contracting Parties in accordance with their respective procedures. It shall enter into force on the first day of the second month after the last notification of instruments of ratification or approval.
   3.   Until the entry into force of this Agreement, each Contracting Party may, at the time of the notification referred to in paragraph 2 or at any other subsequent time, declare that it shall consider itself bound by the Agreement in its relations with any other Contracting Party having made the same declaration. These declarations shall take effect 90 days after the date of receipt of the notification.
   Article 45
   Denunciation
   The European Community or the Swiss Confederation may denounce this Agreement by notifying the other Contracting Party of its decision. The denunciation shall take effect six months after the date of receipt of the notification of the denunciation.
   Article 46
   Application over time
   The provisions of this Agreement shall be applicable to requests concerning illegal activities committed at least six months after it was signed.
   Article 47
   Extension of the Agreement to the new Member States of the European Union
   1.   Any State which becomes a Member State of the European Union may, by written notification to the Contracting Parties, become a Contracting Party to this Agreement.
   2.   The text of the Agreement in the language of the new acceding Member State as established by the Council of the European Union shall be authenticated by an Exchange of Letters between the European Community and the Swiss Confederation. It shall be considered to be authentic within the meaning of Article 48.
   3.   This Agreement shall enter into force in relation to any new Member State of the European Union which accedes to it 90 days after the receipt of its instrument of accession, or on the date of entry into force of this Agreement if it was not yet in force when that 90-day period expired.
   4.   If this Agreement is not yet in force when the new acceding State notifies its instrument of accession, Article 44(3) shall apply.
   Article 48
   Languages
   1.   This Agreement is drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic.
   2.   The Maltese language version of this Agreement shall be authenticated by the Contracting Parties on the basis of an Exchange of Letters. It shall also be authentic, in the same way as for the languages referred to in paragraph 1.

      IN WITNESS WHEREOF, the undersigned Plenipotentiaries have hereunto set their hands.
      Hecho en Luxemburgo, el veintiseis de octubre del dos mil cuatro.
      V Lucemburku dne dvacátého šestého října dva tisíce čtyři.
      Udfærdiget i Luxembourg den seksogtyvende oktober to tusind og fire.
      Geschehen zu Luxemburg am sechsundzwanzigsten Oktober zweitausendundvier.
      Kahe tuhande neljanda aasta oktoobrikuu kahekümne kuuendal päeval Luxembourgis.
      Έγινε στo Λουξεμβούργο, στις είκοσι έξι Οκτωβρίου δύο χιλιάδες τέσσερα.
      Done at Luxembourg on the twenty sixth day of October in the year two thousand and four.
      Fait à Luxembourg, le vingt six octobre deux mille quatre.
      Fatto a Lussembourgo, addì ventisei ottobre duemilaquattro.
      Luksemburgā, divi tūkstoši ceturtā gada divdesmit sestajā oktobrī.
      Priimta du tūkstančiai ketvirtų metų spalio dvidešimt šeštą dieną Liuksemburge.
      Kelt Luxembourgban, a kettőezer negyedik év október huszonhatodik napján.
      Magħmul fil-Lussemburgu fis-sitta u għoxrin jum ta' Ottubru tas-sena elfejn u erbgħa.
      Gedaan te Luxemburg, de zesentwintigste oktober tweeduizendvier.
      Sporządzono w Luksemburgu, dnia dwudziestego szóstego października roku dwutysięcznego czwartego.
      Feito no Luxemburgo, em vinte e seis de Outubro de dois mil e quatro.
      V Luxemburgu dvadsiateho šiesteho októbra dvetisícštyri.
      V Luxembourgu, dne šestindvajsetega oktobra leta dva tisoč štiri.
      Tehty Luxemburgissa kahdentenakymmenentenäkuudentena päivänä lokakuuta vuonna kaksituhattaneljä.
      Som skedde i Luxemburg den tjugosjätte oktober tjugohundrafyra.

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

         Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.
         Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.
         Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.

         Za Českou republiku

         På Kongeriget Danmarks vegne

         Für die Bundesrepublik Deutschland

         Eesti Vabariigi nimel

         Για την Ελληνική Δημοκρατία

         Por el Reino de España

         Pour la République française

         Thar cheann Na hÉireann
         For Ireland

         Per la Repubblica italiana

         Για την Κυπριακή Δημοκρατία

         Latvijas Republikas vārdā

         Lietuvos Respublikos vardu

         Pour le Grand-Duché de Luxembourg

         A Magyar Köztársaság részéről

         Għar-Repubblika ta' Malta

         Voor het Koninkrijk der Nederlanden

         Für die Republik Österreich

         W imieniu Rzeczypospolitej Polskiej

         Pela República Portuguesa

         Za Republiko Slovenijo

         Za Slovinskú republiku

         Suomen tasavallan puolesta
         För Republiken Finland

         För Konungariket Sverige

         For the United Kingdom of Great Britain and Northern Ireland

         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
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         På Europeiska gemenskapens vägnar

         Für die Schweizerische Eidgenossenschaft
         Pour la Confédération suisse
         Per la Confederazione svizzera


title: 2014/517/EU: Council Decision of 14 April 2014 on the signing, on behalf of the European Union and its Member States, and provisional application of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, to take account of the accession of the Republic of Croatia to the European Union

text:
               6.8.2014

               EN

               Official Journal of the European Union

               L 233/1

         COUNCIL DECISION
   of 14 April 2014
   on the signing, on behalf of the European Union and its Member States, and provisional application of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, to take account of the accession of the Republic of Croatia to the European Union

      (2014/517/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with Article 218(5) and the second subparagraph of Article 218(8), thereof,
   Having regard to the Act of Accession of Croatia, and in particular the second subparagraph of Article 6(2) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 24 September 2012, the Council authorised the Commission to open negotiations, on behalf of the Union and its Member States and the Republic of Croatia, with the Republic of Serbia in order to conclude a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’).

               (2)

               Those negotiations were successfully completed and the Protocol was initialled on 10 December 2013.

               (3)

               The Protocol should be signed on behalf of the Union and its Member States, subject to its conclusion at a later date.

               (4)

               The conclusion of the Protocol is subject to a separate procedure as regards matters falling within the competence of the European Atomic Energy Community.

               (5)

               The Protocol should be applied on a provisional basis, pending the completion of the procedures for its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union and its Member States of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby authorised, subject to the conclusion of the said Protocol.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union and its Member States.
   Article 3
   The Protocol shall be applied on a provisional basis, in accordance with its Article 14, as from the first day of the second month following the date of its signature, pending the completion of the procedures for its conclusion.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 14 April 2014.

            For the Council

            The President

         C. ASHTON


title: Council Decision (CFSP) 2015/1781 of 5 October 2015 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine

text:
               6.10.2015

               EN

               Official Journal of the European Union

               L 259/23

         COUNCIL DECISION (CFSP) 2015/1781
   of 5 October 2015
   amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 5 March 2014, the Council adopted Decision 2014/119/CFSP (1).

               (2)

               On 5 March 2015, the Council adopted Decision (CFSP) 2015/364 (2), which provided that the restrictive measures set out in Decision 2014/119/CFSP should apply until 6 March 2016 in respect of 14 persons and until 6 June 2015 in respect of four persons.

               (3)

               On 5 June 2015, the Council adopted Decision (CFSP) 2015/876 (3), which inter alia provided that in respect of one of those four persons, the application of the restrictive measures should be extended until 6 October 2015 and that the statement of reasons relating to him was to be updated.

               (4)

               In respect of that person, the application of restrictive measures should be extended until 6 March 2016 and the statement of reasons relating to him should be updated.

               (5)

               Decision 2014/119/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 5 of Decision 2014/119/CFSP is replaced by the following:

      ‘Article 5
      This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
      This Decision shall apply until 6 March 2016.
      This Decision shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.’.

   Article 2
   The Annex to Decision 2014/119/CFSP shall be amended as set out in the Annex to this Decision.
   Article 3
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

      Done at Luxembourg, 5 October 2015.

            For the Council

            The President

         N. SCHMIT

      (1)  Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ L 66, 6.3.2014, p. 26).

      (2)  Council Decision (CFSP) 2015/364 of 5 March 2015 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ L 62, 6.3.2015, p. 25).

      (3)  Council Decision (CFSP) 2015/876 of 5 June 2015 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ L 142, 6.6.2015, p. 30).

      ANNEX
      The entry for the following person set out in the Annex to Decision 2014/119/CFSP is replaced by the following:

                  Name

                  Identifying information

                  Statement of reasons

                  Date of listing

                  10.

                  Serhii Petrovych Kliuiev
                  (Сергiй Петрович Клюєв),
                  Serhiy Petrovych Klyuyev

                  Born on 19 August 1969, brother of Mr Andrii Kliuiev, businessman.

                  Person subject to criminal proceedings by the Ukrainian authorities for involvement in the misappropriation of public funds or assets. Person associated with a designated person (Andrii Petrovych Kliuiev) subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets.

                  6.3.2014


title: 2007/444/EC: Council Decision of 22 February 2007 on the conclusion of an Agreement between the European Community and the Government of Canada on the conclusion of GATT Article XXIV:6 Negotiations

text:
               29.6.2007

               EN

               Official Journal of the European Union

               L 169/53

         COUNCIL DECISION
   of 22 February 2007
   on the conclusion of an Agreement between the European Community and the Government of Canada on the conclusion of GATT Article XXIV:6 Negotiations
   (2007/444/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133 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)

               On 22 March 2004 the Council authorised the Commission to open negotiations with certain other Members of the WTO under Article XXIV:6 of the General Agreement on Tariffs and Trade 1994 (GATT), in the course of the accessions to the European Union of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic.

               (2)

               Negotiations have been conducted by the Commission in consultation with the Committee established by Article 133 of the Treaty and within the framework of the negotiating directives issued by the Council.

               (3)

               The Commission has finalised negotiations for an Agreement between the European Community and the Government of Canada on the conclusion of GATT Article XXIV:6 Negotiations. The Agreement should be approved.

               (4)

               The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (1),

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Government of Canada on the conclusion of GATT Article XXIV:6 Negotiations with respect to the withdrawal of specific concessions in relation to the withdrawal of the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of accession to the European Union, is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision.
   Article 2
   The Commission shall adopt the detailed rules for implementing the Agreement in accordance with the procedure laid down in Article 3(2) of this Decision.
   Article 3
   1.   The Commission shall be assisted by the Management Committee for Cereals instituted by Article 25 of Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (2) or by the relevant committee instituted by the corresponding Article of the Regulation for the common market organisation for the product concerned.
   2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
   The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.
   3.   The Committee shall adopt its Rules of Procedure.
   Article 4
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement referred to in Article 1 in order to bind the Community.

      Done at Brussels, 22 February 2007.

            For the Council

            The President

         F. MÜNTEFERING

      (1)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

      (2)  OJ L 270, 21.10.2003, p. 78.
    ---documentbreak---

               29.6.2007

               EN

               Official Journal of the European Union

               L 169/55

         AGREEMENT
   between the European Community and the Government of Canada on the conclusion of GATT Article XXIV:6 Negotiations
   FOLLOWING the initiation of negotiations between the European Communities and the Government of Canada under Article XXIV:6 and Article XXVIII of GATT 1994 for the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Community (EC), and following the EC's notification of 19 January 2004 to the WTO pursuant to Article XXIV:6 of GATT 1994,
   THE EUROPEAN COMMUNITY (EC)
   and
   THE GOVERNMENT OF CANADA (Canada),
   hereinafter jointly referred to as the ‘Parties’,
   HAVE AGREED THE FOLLOWING PROVISIONS:

               1.

               The EC shall incorporate in its schedule, valid for the customs territory of the European Communities of 25 (EC 25), the concessions that were included in its previous Schedule CLX of the European Communities of 15 (EC 15).

               2.

               In addition, the EC shall incorporate in its schedule, valid for the customs territory of EC 25, the concessions contained in the Annex to this Agreement.

               3.

               The EC shall reduce its tariffs and adjust tariff rate quotas as indicated in the Annex no later than 1 August 2007.

               4.

               This Agreement shall enter into force on the date of Canada's notification of the completion of its appropriate domestic procedures, following the signing of the Agreement by the Parties.

      IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
      Done at Brussels, this twenty-fifth day of June 2007, in two original copies, in the English and French languages, each version being equally authentic.

            For the European Community

            For the Government of Canada

   ANNEX

               —

               a country allocated (Canada) tariff rate quota of 4 624 tonnes of pork (tariff item numbers 0203 12 11, 0203 12 19, 0203 19 11, 0203 19 13, 0203 19 15, ex02031955, 0203 19 59, 0203 22 11, 0203 22 19, 0203 29 11, 0203 29 13, 0203 29 15, ex02032955 and 0203 29 59), in quota rate 233-434 EUR/t,

               —

               add 35 tonnes (erga omnes) in EC tariff rate quota for cuts of domestic swine (tariff item numbers 0203 12 11, 0203 12 19, 0203 19 11, 0203 19 13, 0203 19 15, ex02031955, 0203 19 59, 0203 22 11, 0203 22 19, 0203 29 11, 0203 29 13, 0203 29 15, ex02032955 and 0203 29 59), in quota rate 233-434 EUR/t,

               —

               add 1 265 tonnes (erga omnes) in EC tariff rate quota for frozen boneless hams and loins (ex02031955 and ex02032955), in quota rate 250 EUR/t,

               —

               add 49 tonnes (erga omnes) in EC tariff rate quota for ‘chicken carcass fresh, chilled or frozen’ (tariff item numbers 0207 11 10, 0207 11 30, 0207 11 90, 0207 12 10, 0207 12 90), in quota rate 131-162 EUR/t,

               —

               add 4 070 tonnes (erga omnes) in EC tariff rate quota for ‘chicken cuts, fresh, chilled or frozen’ (tariff item numbers 0207 13 10, 0207 13 20, 0207 13 30, 0207 13 40, 0207 13 50, 0207 13 60, 0207 13 70, 0207 14 20, 0207 14 30, 0207 14 40, 0207 14 60), in quota rate 93-512 EUR/t,

               —

               add 1 605 tonnes (erga omnes) in EC tariff rate quota for ‘cuts of fowls’, (tariff item number 0207 14 10), in quota rate 795 EUR/t,

               —

               add 201 tonnes (erga omnes) in EC tariff rate quota for ‘turkey meat, fresh, chilled or frozen’ (tariff item numbers 0207 24 10, 0207 24 90, 0207 25 10, 0207 25 90, 0207 26 10, 0207 26 20, 0207 26 30, 0207 26 40, 0207 26 50, 0207 26 60, 0207 26 70, 0207 26 80, 0207 27 30, 0207 27 40, 0207 27 50, 0207 27 60, 0207 27 70), in quota rate 93-425 EUR/t,

               —

               add 2 485 tonnes (erga omnes) in EC tariff rate quota for ‘turkey cuts, frozen’ (tariff item numbers 0207 27 10, 0207 27 20, 0207 27 80), in quota rate 0 %,

               —

               add 537 tonnes (erga omnes) in EC tariff rate quota for skimmed milk powder (tariff item number 0402 10 19), in quota rate 475 EUR/t,

               —

               open a tariff rate quota 20 000 HLT (erga omnes) for wine (tariff item numbers 2204 29 65, 2204 29 75), in quota rate 8,0 EUR/hlt,

               —

               open a tariff rate quota 40 000 HLT (erga omnes) for wine (tariff item numbers 2204 21 79, 2204 21 80), in quota rate 10,0 EUR/hlt,

               —

               open a tariff rate quota 13 810 HLT (erga omnes) for wine (tariff item number 2205 90 10), in quota rate 7,0 EUR/hlt,

               —

               open a tariff rate quota 2 838 tonnes (erga omnes) for preserved pineapples, citrus fruit, pears, apricots, cherries, peaches and strawberries (tariff item numbers 2008 20 11, 2008 20 19, 2008 20 31, 2008 20 39, 2008 20 71, 2008 30 11, 2008 30 19, 2008 30 31, 2008 30 39, 2008 30 79, 2008 40 11, 2008 40 19, 2008 40 21, 2008 40 29, 2008 40 31, 2008 40 39, 2008 50 11, 2008 50 19, 2008 50 31, 2008 50 39, 2008 50 51, 2008 50 59, 2008 50 71, 2008 60 11, 2008 60 19, 2008 60 31, 2008 60 39, 2008 60 60, 2008 70 11, 2008 70 19, 2008 70 31, 2008 70 39, 2008 70 51, 2008 70 59, 2008 80 11, 2008 80 19, 2008 80 31, 2008 80 39, 2008 80 70), in quota rate 20 %,

               —

               add 6 215 tonnes (erga omnes) in EC tariff rate quota for barley (tariff item number 1003 00), in quota rate 16 EUR/t,

               —

               expansion of 853 tonnes of Canada's existing country allocation in the EC tariff rate quota for soft wheat (tariff item number 1001 90 99), in quota rate 12 EUR/t,

               —

               open a tariff rate quota 242 074 tonnes (erga omnes) for maize (tariff item numbers 1005 90 00, 1005 10 90), in quota rate 0 %,

               —

               open a tariff rate quota 2 058 tonnes (erga omnes) for dog and cat food (tariff item numbers 2309 10 13, 2309 10 15, 2309 10 19, 2309 10 33, 2309 10 39, 2309 10 51, 2309 10 53, 2309 10 59, 2309 10 70), in quota rate 7 %,

               —

               add 2 700 tonnes (erga omnes) in EC tariff rate quota for preparations of a kind used in animal feeding (tariff item numbers 2309 90 31, 2309 90 41, 2309 90 51, 2309 90 95, 2309 90 99), in quota rate 7 %.


title: Decision (EU) 2016/1593 of the European Parliament of 28 April 2016 on the closure of the accounts of the Innovative Medicines Initiative 2 Joint Undertaking (formerly the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines) for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/416

         DECISION (EU) 2016/1593 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on the closure of the accounts of the Innovative Medicines Initiative 2 Joint Undertaking (formerly the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines) for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Innovative Medicines Initiative 2 Joint Undertaking (formerly the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines) for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Innovative Medicines Initiative Joint Undertaking for the financial year 2014, together with the Joint Undertaking’s replies (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Joint Undertaking in respect of the implementation of the budget for the financial year 2014 (05587/2016 – C8-0056/2016),

               —

               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 209 thereof,

               —

               having regard to Council Regulation (EC) No 73/2008 of 20 December 2007 setting up the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines (4),

               —

               having regard to Council Regulation (EC) No 557/2014 of 6 May 2014 establishing the Innovative Medicines Initiative 2 Joint Undertaking (5), and in particular Article 1(2) and Article 12 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (6),

               —

               having regard to Commission Delegated Regulation (EU) No 110/2014 of 30 September 2013 on the model financial regulation for public-private partnership bodies referred to in Article 209 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (7),

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A8-0081/2016),

               1.

               Approves the closure of the accounts of the Innovative Medicines Initiative 2 Joint Undertaking (formerly the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines) for the financial year 2014;

               2.

               Instructs its President to forward this decision to the Executive Director of the Innovative Medicines Initiative 2 Joint Undertaking (formerly the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines), 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

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 422, 17.12.2015, p. 61.

      (2)  OJ C 422, 17.12.2015, p. 62.

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

      (4)  OJ L 30, 4.2.2008, p. 38.

      (5)  OJ L 169, 7.6.2014, p. 54.

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

      (7)  OJ L 38, 7.2.2014, p. 2.