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32002D0158

2002/158/EC: Decision of the European Parliament and of the Council of 13 December 2001 on the mobilisation of the flexibility instrument (paragraph 24 of the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure)

Official Journal L 053 , 23/02/2002 P. 0028 - 0029

Decision of the European Parliament and of the Councilof 13 December 2001on the mobilisation of the flexibility instrument(paragraph 24 of the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure)(2002/158/EC)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Interinstitutional Agreement 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 paragraph 24 thereof,Having regard to the proposal for a Council regulation aiming to promote the conversion of vessels and of fishermen that were, up to 1999, dependent on the Fisheries Agreement with Morocco (COM(2001) 384 - 2001/0163(CNS))(2),Having regard to the conclusions of the conciliation meeting between the Council and the European Parliament delegation, in which the Commission also took part, held on 21 and 22 November 2001 on the Council's second reading of the draft general budget of the European Union for the financial year 2002,Whereas:(1) Following the non-renewal of the Fisheries Agreement between the European Union and the Kingdom of Morocco, the Nice European Council called on the Commission to put forward proposals with a view to restructuring the Community fleet which operated in Moroccan waters.(2) The targeted measure for the conversion of the Spanish and Portuguese fleets proposed by the Commission on 18 July 2001, valued at EUR 197 million, provides for measures similar to those financed by the Financial Instrument for Fisheries Guidance (FIFG) and is modelled on its working methods, although it proposes special arrangements for the fleets concerned.(3) This measure comes under heading 2 "Structural operations", subheading "Structural Funds", of the financial perspective and supplements the compensatory amounts earmarked in this context since January 2000.(4) Measures to assist regions bordering on the applicant countries are planned with a budget of EUR 30 million in 2002 under heading 2 "Structural operations" as part of the Community initiative Interreg.(5) In accordance with paragraph 12, second paragraph, of the Interinstitutional Agreement, the amounts to be earmarked for all the measures covered by heading 2 "Structural operations" of the financial perspective do not allow for a margin.(6) The conditions for the use of the Flexibility Instrument, as set out in paragraph 24 of the Interinstitutional Agreement, are therefore met,HAVE DECIDED AS FOLLOWS:Article 1For the general budget of the European Union for the financial year 2002, the Flexibility Instrument shall be used to provide the sum of EUR 200 million in commitment appropriations.Article 2Of this sum, EUR 170 million shall be used to finance the targeted measure for the promotion of the conversion of the vessels and fishermen that were, up to 1999, dependent on the Fisheries Agreement with Morocco, which is covered by the "Structural operations" heading in the financial perspective, under the new line B2-2 0 0 N of the general budget of the European Union for the financial year 2002.The remaining EUR 30 million shall be used to finance measures for strengthening the competitiveness of regions bordering on the candidate countries under Chapter B2-1 4, "Community initiatives" as part of the Interreg programme.Article 3This Decision shall be published in the Official Journal of the European Communities (L series) at the same time as the general budget of the European Union for the financial year 2002(3).Done at Strasbourg, 13 December 2001.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentJ. Vande Lanotte(1) OJ C 172, 18.6.1999, p. 1.(2) OJ C 270 E, 25.9.2001, p. 266.(3) OJ L 29, 31.1.2002.


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31973D0429

73/429/EEC: Commission Decision of 31 October 1973 on the Advisory Committee on Fisheries

Official Journal L 355 , 24/12/1973 P. 0061 - 0062 Finnish special edition: Chapter 4 Volume 1 P. 0005  Greek special edition: Chapter 04 Volume 1 P. 0023  Swedish special edition: Chapter 4 Volume 1 P. 0005  Spanish special edition: Chapter 04 Volume 1 P. 0009  Portuguese special edition Chapter 04 Volume 1 P. 0009

COMMISSION DECISION  of 31 October 1973  on the Advisory Committee on Fisheries  (73/429/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community;  Whereas an Advisory Committee on Fisheries was set up by the Commission Decision of 25 February 1971 (1);  Whereas it is considered desirable, as a result of the Acession of new Member States to the Community, to alter the rules fixing the number and apportionment of seats on this Committee;  Whereas, moreover, the text of the Decision aforesaid requires certain minor alterations and it is therefore necessary for the sake of clarity to produce a completely new version of the text,  HAS DECIDED AS FOLLOWS:    Article 1 The text of the Decision of 25 February 1971 setting up an Advisory Committee on Fisheries is replaced by the following:  "Article 1  1. There shall be attached to the Commission an Advisory Committee on Fisheries, hereinafter called the "Committee".   2. The Committee shall be composed of representatives of the following interests : producers and cooperatives in the fishing industry, credit institutions involved in fisheries, trade in fishery products, the fishery products industries, and the fishing and fishery products industries consumers.   Article 2 1. The Committee may be consulted by the Commission on any problem concerning the operation of Regulations relating to the establishment of a common structural policy in fisheries or to the common organization of the market in fishery products, and in particular on measures to be adopted by the Commission under those Regulations and also on all social problems arising in the industry, with the exeption of industrial disputes.  2. The Chairman of the Committee may indicate to the Commission the desirability of consulting the Committee on any matter within the latter's competence on which its opinion has not been sought. He shall do so, in particular, at the request of one of the interests represented.   Article 3 1. The Committee shall consist of forty-five members.  2. Seats on the Committee shall be apportioned as follows:    - eighteen to representatives of producers of fishery products,       - three to representatives of fisheries cooperatives,       - one to a representative of commercial banks financing maritime activities (Banques commerciales pour les activités maritimes),       - two to representatives of specialized cooperative credit institutions,       - five to representatives of the trade in fishery products,       - five to representatives of the fishery industries,       - six to representatives of workers in the fishing and fishery products industries,       - five to consumers'representatives.          Article 4 1. Members of the Committee shall be appointed by the Commission on proposals from the trade, workers' organizations set up at Community level which are most representative of the interests specified in Article 1 (2) and whose activities come within the scope of the common organization of the market in fishery products ; consumers' representatives shall be appointed on proposals from the Consumers' Advisory Committee.  (1)OJ No L 68, 22.3.1971, p. 18.   Those bodies shall for each seat to be filled put forward the names of two candidates of different nationality.  2. The term of office for members of the Committee shall be three years. Their appointments may be renewed. Members shall not be remunerated for their services.  After expiry of the three years members of the Committee shall remain in office until they are replaced or until their appointments are renewed.  A member's term of office may be terminated before expiry of the three years by death or resignation.  It may also be terminated where the body which the member represents requests that he be replaced.  A person shall be appointed, in accordance with the procedure laid down in paragraph 1, to replace such member for the remainder of the term of office.  3. A list of the members of the Committee shall be published by the Commission for information purposes, in the Official Journal of the European Communities.   Article 5 The Committee shall, by a two-thirds majority of the members present, elect a Chairman and two Vice-Chairmen for a period of three years.  The Committee may, by the like majority, elect further officers from among the other members. In that case, the officers other than the Chairman shall consist at most of one representative of each interest represented on the Committee.  The officers shall prepare and organize the work of the Committee.   Article 6 At the request of any of the interests represented, the Chairman may invite a person delegated by the interest concerned to be present at meetings of the Committee. He may likewise on such request invite any person with special qualifications in any subject on the agenda to take part in an expert capacity in the deliberations of the Committee. Experts shall take part in discussions only of those questions on account of which they were invited.   Article 7 The Committee may set up working groups to assist it in carrying out its work.   Article 8 1. The Committee shall be convened by the Commission and shall meet at Commission headquarters. Meetings of the officers shall be convened by the Chairman by arrangement with the Commission.  2. Representatives of the Commission departments concerned shall take part in meetings of the Committee, its officers and working groups.  3. Secretarial services for the Committee its officers and working groups shall be provided by the Commission.   Article 9 The Committee shall discuss matters on which the Commission has requested an opinion. No vote shall be taken.  The Commission may, when seeking the opinion of the Committee, set a time limit within which such opinion shall be given.  The views expressed by the various interests represented shall be included in a report forwarded to the Commission.  In the event of unanimous agreement being reached in the Committee on the opinion to be given, the Committee shall formulate joint conclusions and attach them to the report.  The outcome of the Committee's discussions shall on request be communicated by the Commission to the Council and to the Management Committees.   Article 10 Without prejudice to the provisions of Article 214 of the Treaty, where the Commission informs them that the opinion requested or the question raised is on a matter of a confidential nature, members of the Committee shall be under an obligation not to disclose information which has come to their knowledge through the work of the Committee or of its working groups.  In such cases, only Committee members and representatives of the Commission departments concerned may be present at meetings."   Article 2 This Decision shall enter into force on 31 October 1973.     Done at Brussels, 31 October 1973.  For the Commission  The President  François-Xavier ORTOLI


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31985D0259

85/259/EEC: Decision of the European Parliament of 16 April 1985 on the discharge granted to the management board of the European Centre For the Development of vocational training in respect of the implementation of its appropriations for the 1983 financial year

Official Journal L 132 , 21/05/1985 P. 0035 - 0035

*****DECISION  OF THE EUROPEAN PARLIAMENT  of 16 April 1985  on the discharge granted to the Management Board of the European Centre for the Development of Vocational Training in respect of the implementation of its appropriations for the 1983 financial year  (85/259/EEC)  THE EUROPEAN PARLIAMENT  (a) having regard to the Treaty establishing the EEC, and in particular Article 206b thereof,  (b) having regard to the revenue and expenditure accounts of the European Centre for the Development of Vocational Training for the 1983 financial year, and the report of the Court of Auditors on these accounts (Doc. 2-1790/84),  (c) having regard to the report of the Committee on Budgetary Control (Doc. 2-1800/84),  1. Notes the following figures for the accounts for the 1983 financial year of the European Centre for the Development of Vocational Training:  1.2 // Financial year 1983  // (ECU)  // Receipts  // 3 870 992,72  // 1. Subsidy from the Commission of the EC  // 3 841 449,70  // 2. Bank interest  // 12 012,00  // 3. Exchange gains  // -  // 4. Other  // 17 531,02  // Expenditure  //   // 1. Final budget appropriations  // 4 210 000,00  // 2. Commitments  // 3 870 992,72  // 3. Appropriations unused  // 339 007,28  // 4. Payments  // 3 071 288,00  // 5. Appropriations brought forward  // 609 736,83  // 6. Payments from appropriations brought forward  // 497 405,00  // 7. Appropriations brought forward and cancelled (5-6)  // 112 331,83  // 8. Appropriations carried forward to 1984  // 799 704,72  // 9. Appropriations cancelled (1-4-8)  // 339 007,28  2. Grants a discharge to the Management Board of the European Centre for the Development of Vocational Training, on the basis of the report of the Court of Auditors, in respect of the accounts for the 1983 financial year.  3. Asks its President to communicate this decision to the Management Board of the European Centre for the Development of Vocational Training, to the Council, to the Commission and to the Court of Auditors and to arrange for its publication in the Official Journal of the European Communities ('L' series).  Strasbourg, 16 April 1985.  1.2 // The Secretary-General  // The President  // H.-J. OPITZ  // Pierre PFLIMLIN


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31997D0313

97/313/EC: Council Decision of 20 May 1997 on the conclusion of an Agreement in the form of an Exchange of Letters on the provisional application of the Protocol fixing, for the period 1 December 1996 to 30 November 1999, the fishing opportunities and the financial consideration provided for in the Agreement between the European Economic Community and the Government of Mauritius on fishing in Mauritian waters

Official Journal L 135 , 27/05/1997 P. 0005 - 0005

COUNCIL DECISION of 20 May 1997 on the conclusion of an Agreement in the form of an exchange of letters on the provisional application of the Protocol fixing, for the period 1 December 1996 to 30 November 1999, the fishing opportunities and the financial consideration provided for in the Agreement between the European Economic Community and the Government of Mauritius on fishing in Mauritian waters (97/313/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Agreement between the European Economic Community and the Government of Mauritius on fishing in Mauritian waters (1),Having regard to the proposal from the Commission,Whereas the Community and Mauritius held negotiations to determine the amendments or additions to be made to the Agreement on fishing in Mauritian waters at the end of the period of application of the Protocol;Whereas, as a result of these negotiations a new Protocol was initialled on 26 November 1996;Whereas, under this Protocol, Community fishermen enjoy fishing opportunities in the waters falling within the sovereignty or jurisdiction of Mauritius for the period 1 December 1996 to 30 November 1999;Whereas, in order to avoid interruption of fishing activities by Community vessels, it is essential that the Protocol in question be approved as quickly as possible; whereas both parties have therefore initialled an Agreement in the form of an exchange of letters providing for the provisional application of the initialled Protocol from the day following the date of expiry of the Protocol previously in force; whereas the Agreement in the form of an exchange of letters should be concluded, subject to a definitive decision pursuant to Article 43 of the Treaty,HAS DECIDED AS FOLLOWS:Article 1 The Agreement in the form of an exchange of letters on the provisional application of the Protocol fixing, for the period 1 December 1996 to 30 November 1999, the fishing opportunities and the financial consideration provided for in the Agreement between the European Economic Community and the Government of Mauritius on fishing in Mauritian waters is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2 The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in the form of an exchange of letters in order to bind the Community.Done at Brussels, 20 May 1997.For the CouncilThe PresidentJ. VAN AARTSEN(1) OJ No L 159, 10. 6. 1989, p. 2.


title: 75/82/EEC: Council Decision of 17 December 1974 on the conclusion of the Agreement between the European Economic Community and the Office of the United Nations Disaster Relief Coordinator (UNDRO) on the supply of skimmed-milk powder as emergency food aid for the disaster victims in Hondurasp

text:
No L 32/18                      Official Journal of the European Communities                    5 . 2. 75
                                               COUNCIL DECISION
                                               of 17 December 1974
           on the conclusion of the Agreement between the European Economic Community and
           the Office of the United Nations Disaster Relief Coordinator (UNDRO) on the supply
           of skimmed-milk powder as emergency food aid for the disaster victims in Honduras
                                                    (75/82/EEC)
           THE COUNCIL OF THE EUROPEAN COMMUNITIES,
           Having regard to the Treaty establishing the European Economic Community and in
           particular Articles 113, 114 and 228 thereof;
           Having regard to the recommendation from the Commission;
           Whereas, by Regulation (EEC) No 2480/74 (*), the Council decided to make available
           to the Office of the United Nations Disaster Relief Coordinator (UNDRO), 90 metric
           tons of skimmed-milk powder as emergency food aid for the disaster victims in
           Honduras,
           HAS DECIDED AS FOLLOWS :
                                                      Article 1
           The Agreement between the European Economic Community and the Office of the
           United Nations Disaster Relief Coordinator (UNDRO) on the supply of skimmed
           milk powder as emergency food aid for the disaster victims in Honduras is hereby
           concluded on behalf of the Community.
           The text of the Agreement is annexed to this Decision^
                                                      Article 2
           The President of the Council is hereby authorized to designate the persons empowered
           to sign the Agreement and to confer on them the necessary powers to bind the
           Community.
           Done at Brussels, 17 December 1974.
                                                                       For the Council
                                                                        The President
                                                                       M. DURAFOUR
           (*) OJ No L 265, 2. 10. 1974, p. 1.


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31999D0692

1999/692/EC, ECSC, Euratom: Council Decision of 20 October 1999 determining the appointing authority for the General Secretariat of the Council

Official Journal L 273 , 23/10/1999 P. 0012 - 0013

COUNCIL DECISIONof 20 October 1999determining the appointing authority for the General Secretariat of the Council(1999/692/EC, ECSC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Staff Regulations of officials of the European Communities and the Conditions of employment of other servants of the Communities, as laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 of 29 February 1968(1), as last amended by Regulation (EC, ECSC, Euratom) No 1238/1999(2), and in particular Article 2 of those Staff Regulations and Article 6 of those Conditions,Whereas:(1) Under the first subparagraph of Article 207(2) of the EC Treaty, the first subparagraph of Article 30(2) of the ECSC Treaty and the first subparagraph of Article 121(2) of the Euratom Treaty, as amended by the Treaty of Amsterdam, which entered into force on 1 May 1999, the General Secretariat of the Council comes under the responsibility of a Secretary-General, High Representative for the common foreign and security policy, hereinafter referred to as "the Secretary-General", assisted by a Deputy Secretary-General;(2) A new Decision should be adopted determining the appointing authority for the General Secretariat of the Council and to repeal Decisions 63/2/Euratom and 63/9/EEC(3),HAS DECIDED AS FOLLOWS:Article 1The powers conferred by the Staff Regulations of officials on the appointing authority and by the Conditions of employment of other servants on the authority competent to conclude staff contracts shall, as regards the General Secretariat of the Council, be exercised:(a) by the Council for the Secretary-General and the Deputy Secretary-General;(b) by the Council, on a proposal from the Secretary-General, for the application to officials or other servants in Grade 1 of Category A of Articles 1, 13, the second paragraph of Article 15, Articles 16, 22, 29, 30, 31, 32, 38, 41, 49, 50, 51, 78, 87, 88, 89 and 90; the Secretary-General is authorised to delegate his power of proposal to the Deputy Secretary-General;(c) by the Secretary-General in other cases; the Secretary-General is authorised to delegate his powers to the Deputy Secretary-General.The Deputy Secretary-General is authorised to delegate any powers delegated to him by the Secretary-General to the Director-General of Administration, in whole or in part, for the application of the Conditions of employment of other servants and the application of the Staff Regulations to officials in Categories B, C and D. Such delegation cannot extend to any powers delegated to him in respect of the appointment and termination of service of officials and the engagement of other servants.Article 2Decisions 63/9/EEC and 63/2/Euratom are hereby repealed.Article 3This Decision shall take effect on the date of its adoption.Article 4This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 20 October 1999.For the CouncilThe PresidentT. HALONEN(1) OJ L 56, 4.3.1968, p. 1.(2) OJ L 150, 17.6.1999, p. 1.(3) Council Decisions of 14 May 1962 determining the appointing authority for the Secretariat of the Councils (OJ 5, 16.1.1963, p. 33 and p. 34).


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32000D0108

2000/108/EC: Council Decision of 31 January 2000 appointing a Luxembourg member of the Committee of the Regions

Official Journal L 033 , 08/02/2000 P. 0016 - 0016

COUNCIL DECISIONof 31 January 2000appointing a Luxembourg member of the Committee of the Regions(2000/108/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the Council Decision of 26 January 1998(1) appointing members and alternate members of the Committee of the Regions,Whereas a seat for a member of the Committee of the Regions has become vacant following the resignation of Ms Anne Brasseur, Luxembourg member, notified to the Council on 15 September 1999;Having regard to the proposal from the Luxembourg Government,HAS DECIDED AS FOLLOWS:Sole ArticleMs Simone Beissel is hereby appointed a member of the Committee of the Regions in place of Ms Anne Brasseur for the remainder of her term of office, which runs until 25 January 2002.Done at Brussels, 31 January 2000.For the CouncilThe PresidentJ. PINA MOURA(1) OJ L 28, 4.2.1998, p. 19.


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E1996C1107(01)

Authorization of State aid pursuant to Article 61 of the EEA Agreement and Article 1 (3) of Protocol 3 to the Surveillance and Court Agreement EFTA Surveillance Authority decision not to raise objections

Official Journal C 332 , 07/11/1996 P. 0009 - 0009

Authorization of State aid pursuant to Article 61 of the EEA Agreement and Article 1 (3) of Protocol 3 to the Surveillance and Court Agreement EFTA Surveillance Authority decision not to raise objections (96/C 332/08)Date of adoption: 28 August 1996EFTA State: IcelandAid No: 96-001Title: Map of assisted areas and maximum aid ceilings thereofObjective: Regional developmentLegal basis: The proposal will be implemented by amendment of the legislation on the Institute of Regional Development (Bygg sastofnun) (Act No 64/1985, as amended by Act No 39/1991; regulation No 51/1992)Eligible regions: The following electoral constituencies: Vesturland, Vestfir sir, Nor surland vestra, Nor surland eystra, Austurland and Su surland, as well as the Su surnes region, consisting of those municipalities of the consituency of Reykjanes, which are outside the capital regionPopulation coverage: 40,8 %Aid intensity: 17 % NGETop-up 10 % gross for SMEsBudget: No budget directly allocated to the mapDuration: 5


title: Council Decision of 8 November 2010 on the signing, on behalf of the Union, and provisional application of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part, on a Framework Agreement between the European Union and Ukraine on the general principles for the participation of Ukraine in Union programmes

text:
               21.1.2011

               EN

               Official Journal of the European Union

               L 18/2

         COUNCIL DECISION
   of 8 November 2010
   on the signing, on behalf of the Union, and provisional application of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part, on a Framework Agreement between the European Union and Ukraine on the general principles for the participation of Ukraine in Union programmes
   (2011/34/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 114, 168, 169 and 172, Article 173(3), and Articles 188 and 192, in conjunction with Article 218(5) and the first subparagraph of Article 218(8), thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 18 June 2007 the Council authorised the Commission to negotiate a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part (1), on a Framework Agreement on the general principles for its participation in Union programmes (hereinafter referred to as ‘the Protocol’).

               (2)

               The negotiations have been concluded to the satisfaction of the Commission.

               (3)

               As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.

               (4)

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

               (5)

               The Protocol should be applied on a provisional basis in accordance with Article 10 thereof, pending the completion of the procedures for its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and its Member States, of the one part, and Ukraine, of the other part, on a Framework Agreement between the European Union and Ukraine on the general principles for the participation of Ukraine in Union programmes (hereinafter referred to as ‘the Protocol’) is hereby approved on behalf of the Union, 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, subject to its conclusion.
   Article 3
   The Protocol shall be applied on a provisional basis as from the date of its signature, pending the completion of the procedures for its conclusion.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 8 November 2010.

            For the Council

            The President

         M. WATHELET

      (1)  OJ L 49, 19.2.1998, p. 3.

      PROTOCOL
      to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Ukraine, of the other part, on a Framework Agreement between the European Union and Ukraine on the general principles for the participation of Ukraine in Union programmes
      THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,
      of the one part, and
      UKRAINE,
      of the other part,
      hereinafter together referred to as ‘the Parties’,
      Whereas:

                  (1)

                  Ukraine has concluded a Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part (1), (hereinafter referred to as ‘the Agreement’) which entered into force on 1 March 1998.

                  (2)

                  The European Council held in Brussel on 17 and 18 June 2004 welcomed the Commission’s proposals for a European Neighbourhood Policy (ENP) and endorsed the Council conclusions of 14 June 2004.

                  (3)

                  The Council has, on numerous further occasions, repeatedly concluded in favour of that policy.

                  (4)

                  The Council, on 5 March 2007, expressed support for the general and global approach outlined in the Commission’s Communication of 4 December 2006, to enable ENP partners to participate in Community agencies and Community programmes on their merits and where the legal bases so allow.

                  (5)

                  Ukraine has expressed its wish to participate in a number of Union programmes.

                  (6)

                  The specific terms and conditions, in particular financial contribution and reporting and evaluation procedures, regarding the participation of Ukraine in each particular programme should be determined in a Memorandum of Understanding between the Commission and the competent authorities of Ukraine,

            HAVE AGREED AS FOLLOWS:
      Article 1
      Ukraine shall be allowed to participate in all current and future programmes of the Union opened to the participation of Ukraine in accordance with the relevant provisions adopting those programmes.
      Article 2
      Ukraine shall contribute financially to the general budget of the Union corresponding to the specific programmes in which Ukraine participates.
      Article 3
      Ukraine’s representatives shall be allowed to take part, as observers and for the points which concern Ukraine, in the management committees responsible for monitoring the programmes to which Ukraine contributes financially.
      Article 4
      Projects and initiatives submitted by participants from Ukraine shall, as far as possible, be subject to the same conditions, rules and procedures pertaining to the programmes concerned as applied to Member States.
      Article 5
      The specific terms and conditions regarding the participation of Ukraine in each particular programme, in particular the financial contribution payable and reporting and evaluation procedures, shall be determined in a Memorandum of Understanding between the Commission and the competent authorities of Ukraine on the basis of the criteria established by the programmes concerned.
      If Ukraine applies for external assistance of the Union to participate in a given Union programme on the basis of Article 3 of Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument (2) or pursuant to any similar Regulation providing for external assistance of the Union to Ukraine that may be adopted in the future, the conditions governing the use by Ukraine of external assistance of the Union shall be determined in a financing agreement, respecting in particular Article 20 of Regulation (EC) No 1638/2006.
      Article 6
      In accordance with the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), each Memorandum of Understanding concluded pursuant to Article 5 shall stipulate that financial control or audits or other verifications, including administrative investigations, will be carried out by, or under the authority of, the Commission, the European Anti-Fraud Office and the Court of Auditors.
      Detailed provisions shall be made on financial control and auditing, administrative measures, penalties and recovery enabling the Commission, the European Anti-Fraud Office and the Court of Auditors to be granted powers equivalent to their powers with regard to beneficiaries or contractors established in the Union.
      Article 7
      This Protocol shall apply for the period for which the Agreement is in force.
      This Protocol shall be signed and approved by the Parties in accordance with their respective procedures.
      Either Party may denounce this Protocol by written notification to the other Party. This Protocol shall terminate 6 months after the date of such notification.
      Termination of the Protocol following denunciation by any of the Parties shall have no influence on the checks and controls to be carried out in accordance with the provisions laid down in Articles 5 and 6 where appropriate.
      Article 8
      No later than 3 years after the date of entry into force of this Protocol, and every 3 years thereafter, both Parties may review the implementation of this Protocol on the basis of the actual participation of Ukraine in Union programmes.
      Article 9
      This Protocol shall apply, on the one hand, to the territories in which the Treaty on the Functioning of the European Union is applied and under the conditions laid down in that Treaty, and, on the other hand, to the territory of Ukraine.
      Article 10
      This Protocol shall enter into force on the first day of the month following the date on which the Parties notify each other through diplomatic channels of the completion of their procedures necessary for its entry into force.
      Pending its entry into force, the Parties agree to provisionally apply this Protocol from the date of its signature, pending its conclusion at a later date.
      Article 11
      This Protocol shall form an integral part of the Agreement.
      Article 12
      This Protocol shall be drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Ukrainian languages, each text being equally authentic.

         Съставено в Брюксел на двадесет и втори ноември две хиляди и десета година.
         Hecho en Bruselas, el veintidós de noviembre de dos mil diez.
         V Bruselu dne dvacátého druhého listopadu dva tisíce deset.
         Udfærdiget i Bruxelles den toogtyvende november to tusind og ti.
         Geschehen zu Brüssel am zweiundzwanzigsten November zweitausendzehn.
         Kahe tuhande kümnenda aasta novembrikuu kahekümne teisel päeval Brüsselis.
         Έγινε στις Βρυξέλλες, στις είκοσι δύο Νοεμβρίου δύο χιλιάδες δέκα.
         Done at Brussels on the twenty-second day of November in the year two thousand and ten.
         Fait à Bruxelles, le vingt-deux novembre deux mille dix.
         Fatto a Bruxelles, addì ventidue novembre duemiladieci.
         Briselē, divi tūkstoši desmitā gada divdesmit otrajā novembrī
         Priimta du tūkstančiai dešimtų metų lapkričio dvidešimt antrą dieną Briuselyje.
         Kelt Brüsszelben, a kétezer-tizedik év november huszonkettedik napján.
         Magħmul fi Brussell, fit-tnejn u għoxrin jum ta’ Novembru tas-sena elfejn u għaxra.
         Gedaan te Brussel, de tweeëntwintigste november tweeduizend tien.
         Sporządzono w Brukseli dnia dwudziestego drugiego listopada roku dwa tysiące dziesiątego.
         Feito em Bruxelas, em vinte e dois de Novembro de dois mil e dez.
         Întocmit la Bruxelles la douăzeci și doi noiembrie două mii zece.
         V Bruseli dňa dvadsiateho druhého novembra dvetisícdesať.
         V Bruslju, dne dvaindvajsetega novembra leta dva tisoč deset.
         Tehty Brysselissä kahdentenakymmenentenätoisena päivänä marraskuuta vuonna kaksituhattakymmenen.
         Som skedde i Bryssel den tjugoandra november tjugohundratio.
         Вчинено в мiстi Брюссель двадцять другого листопада двi тисячi десятого року.

            За Европейския съюз
            Por la Unión Europea
            Za Evropskou unii
            For Den Europæiske Union
            Für die Europäische Union
            Euroopa Liidu nimel
            Για την Ευρωπαϊκή Ένωση
            For the European Union
            Pour l'Union européenne
            Per l'Unione europea
            Eiropas Savienības vārdā –
            Europos Sąjungos vardu
            Az Európai Unió részéről
            Għall-Unjoni Ewropea
            Voor de Europese Unie
            W imieniu Unii Europejskiej
            Pela União Europeia
            Pentru Uniunea Europeană
            Za Európsku úniu
            Za Evropsko unijo
            Euroopan unionin puolesta
            För Europeiska unionen
            За Європейське Спiвтовариство

            За Украйна
            Por Ucrania
            Za Ukrajinu
            For Ukraine
            Für die Ukraine
            Ukraina nimel
            Για την Ουκρανία
            For Ukraìne
            Pour l'Ukraine
            Per l'Ucraina
            Ukrainas vārdā –
            Ukrainos vardu
            Ukrajna részéről
            Għall-Ukraina
            Voor Oekraïne
            W imieniu Ukrainy
            Pela Ucrânia
            Pentru Ucraina
            Za Ukrajinu
            Za Ukrajino
            Ukrainan puolesta
            För Ukraina
            За Украïнy

         (1)  OJ L 49, 19.2.1998, p. 3.

         (2)  OJ L 310, 9.11.2006, p. 1.

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


Avis juridique important

|

31998D0737

98/737/CFSP: Council Decision of 22 December 1998 concerning the extension of Joint Action 95/545/CFSP with regard to the participation of the Union in the implementing structures of the peace plan for Bosnia and Herzegovina and amending Decision 98/607/CFSP

Official Journal L 354 , 30/12/1998 P. 0004 - 0004

COUNCIL DECISION of 22 December 1998 concerning the extension of Joint Action 95/545/CFSP with regard to the participation of the Union in the implementing structures of the peace plan for Bosnia and Herzegovina and amending Decision 98/607/CFSP (98/737/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article J.3 thereof,Whereas on 11 December 1995 the Council adopted Joint Action 95/545/CFSP with regard to the participation of the European Union in the implementing structures of the peace plan for Bosnia and Herzegovina (1), extended on 20 November 1996 by Decision 96/745/CFSP (2) and supplemented on 26 October 1998 by Decision 98/607/CFSP (3);Whereas in its conclusions of 7 December 1998 the Council assured the High Representative in Bosnia and Herzegovina of its firm support;Whereas at the Peace Implementation Council held in Madrid on 15 and 16 December 1998 the Union reiterated its support for the efforts of the High Representative;Whereas Joint Action 95/545/CFSP is due to expire on 31 December 1998 and should be extended; whereas the continuity of the Union's contribution to the costs of such extension should be ensured,HAS DECIDED AS FOLLOWS:Article 1 Joint Action 95/545/CFSP shall be extended until 31 December 1999.Article 2 Article 2 of Decision 98/607/CFSP shall be replaced by the following:'Article 2This Decision shall enter into force on the day of its adoption and shall be applicable until 31 December 1999.`Article 3 This Decision shall enter into force on the day of its adoption.Article 4 This Decision shall be published in the Official Journal.Done at Brussels, 22 December 1998.For the CouncilThe PresidentC. EINEM(1) OJ L 309, 21. 12. 1995, p. 2.(2) OJ L 340, 30. 12. 1996, p. 3.(3) OJ L 290, 29. 10. 1998, p. 3.


Avis juridique important

|

31991D0193

91/193/ECSC, EEC, Euratom: Commission Decision of 19 March 1991 adjusting the weightings applicable from 1 September 1990 to the remuneration of officials of the European Communities serving in non-member countries

Official Journal L 094 , 16/04/1991 P. 0028 - 0028

COMMISSION DECISION  of 19 March 1991  adjusting the weightings applicable from 1 September 1990 to the remuneration of officials of the European Communities serving in non-member countries  (91/193/ECSC, EEC, Euratom) THE COMMISSION OF  THE EUROPEAN COMMUNITIES,  Havig regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,  Having regard to the Staff Regulations of the Officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (Euratom, ECSC, EEC) No 3736/90 (2), and in particular the second paragraph of  Article 13 of Annex X thereto,  Whereas pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations Council Regulation No 3912/90 (3) laid down the weightings to be applied from 1 July 1990 to the remuneration of officials serving in non-member countries payable  in the currency of their country of employment;  Whereas the Commission has made a number of adjustments to these weightings in recent months, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations;  some of these weightings should be adjusted with effect from 1 September 1990 given that the statistics available to the Commission show that in certain non-member countries the variation in the cost of living measured on the basis of the weighting and  the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted;  DECIDES:  Sole Article  With effect from 1 September 1990 the weightings applicable to the remuneration of officials serving in non-member countries payable in the currency of their country of employment are adjusted as shown in the Annex.  The exchange rates for the payment of such remuneration shall be those used for implementation of the budget of the European Communities during the month preceding the date on which this Decision takes effect. Done at Brussels, 19 March 1991. For the  Commission  António CARDOSO E CUNHA  Member of the Commission  (1) OJ No L 56, 4. 3. 1968, p. 1. (2) OJ No L 360, 22. 12. 1990, p. 1. (3) OJ No L 375, 31. 12. 1990, p. 3.    ANNEX    Country of employment  Weightings applicable with effect from 1 August 1990     Brazil  43,3600000  Hungary  59,9500000  Lebanon  29,3700000  Poland  20,5500000  Sierra Leone  73,1100000  Somalia  22,7100000  Uganda  86,8200000  Uruguay   46,9300000  Venezuela  44,9200000  Zambia  48,3400000


title: 2012/594/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of Eurojust for the financial year 2010#Resolution of the European Parliament of 10 May 2012 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of Eurojust for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/267

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of Eurojust for the financial year 2010
   (2012/594/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of Eurojust for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of Eurojust for the financial year 2010, together with Eurojust’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

               —

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

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (3), and in particular Article 36 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0128/2012),

               1.

               Grants the Administrative Director of Eurojust discharge in respect of the implementation of Eurojust’s budget for the financial year 2010;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Administrative Director of Eurojust, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 366, 15.12.2011, p. 140.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 63, 6.3.2002, p. 1.

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

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 10 May 2012
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of Eurojust for the financial year 2010
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of Eurojust for the financial year 2010,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of Eurojust for the financial year 2010, together with Eurojust’s replies (1),

                  —

                  having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

                  —

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

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

                  —

                  having regard to Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (3), and in particular Article 36 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

                  —

                  having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0128/2012),

                  A.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts of Eurojust for the financial year 2010 are reliable and that the underlying transactions are legal and regular,

                  B.

                  whereas on 10 May 2011 Parliament granted the Administrative Director of Eurojust discharge for implementation of the Agency’s budget for the financial year 2009 (5), and in its resolution accompanying the discharge decision, inter alia:

                              —

                              called on the Agency to inform the discharge authority of the steps taken to avoid carrying forward appropriations,

                              —

                              expressed concern at the fact that the Court of Auditors had again noted shortcomings in the planning and implementation of recruitment procedures; noted in particular that the level of vacant posts (24 %) was still too high, although less than in 2008 (26 %) and in 2007 (33 %),

                              —

                              called on the Agency to take immediate action on improving the recruitment procedure, reducing the number of interim staff, restructuring the Human Resources (HR) Unit, developing an HR management plan, reinforcing the monitoring of HR activities and reviewing the content of the register of exceptions,

                  C.

                  whereas the budget of the Agency for the financial year 2010 was EUR 32 300 000, which is an increase of 14,5 % on the financial year 2009,

                  D.

                  whereas the Union’s contribution to the budget of the Agency for 2010 was EUR 30 163 220 compared to EUR 24 799 400 in 2009 (6), which represents an increase by 21,62 %,

         Budget and financial management

                  1.

                  Notes from its Annual Activity Report (AAR) that the Agency executed 97,8 % of its commitment appropriations from the operating budget in 2010; notes in particular that compared to 2009 the executed budget increased by:

                              —

                              18,6 % under Title 1 (Staff expenditure),

                              —

                              6 % under Title 2 (Administration),

                              —

                              34 % under Title 3 (Operational expenditure);

                  2.

                  Acknowledges that the Agency was granted EUR 2 159 000 from the Commission for participation in criminal justice programmes (Joint Investigation Teams) and received 95 % of this amount in 2010;

         Transfers and carry-over of appropriations

                  3.

                  Establishes from the AAR that six budgetary transfers were made in 2010;

                  4.

                  Ascertains from the AAR that automatic carry-overs of the commitment appropriations (excluding grants) increased from 16 % in 2009 to 20 % in 2010 with a total of EUR 6 100 000 in 2010;

                  5.

                  Calls on the Agency to inform the discharge authority of the steps taken to avoid carrying forward appropriations; is concerned, in particular, by the excessive carry-overs under Title III, which amounted to 38 % of the Title III total budget, and stresses that this deficiency has been underlined by the Court of Auditors for several years;

                  6.

                  Regrets the high level of operational expenditure carried forward to 2011; takes note of the Agency’s reply that this was mainly due to the Organisational Structural Review project, a new computer infrastructure and the costs related to data processing; welcomes the measures to be taken in 2012 by the Agency, especially the establishment of specific procurement plans for each unit; calls on the Agency to implement those measures without further delay; welcomes the assurance that necessary authorisations and commitments for procurement will be granted as early as possible in the year and calls on the Agency to adhere to this assurance;

         Procurement procedures

                  7.

                  Acknowledges from the AAR that nine open procedures, seven negotiated procedures, three inter-institutional procedures and one joint procedure with an international organisation were completed in 2010 and resulted in 29 new contracts;

                  8.

                  Acknowledges the observations from the Court of Auditors that in one case the evaluation committee failed to apply the weightings published in the tender specifications; therefore calls on the Agency to prevent further similar mistakes and to ensure that the quality standards of procedure used in the tender are respected;

         Register of exceptions

                  9.

                  Establishes from the AAR that in 2010, six new exception decisions were entered in the Register of Exceptions, of which four concerned budget, finance and procurement matters and two concerned HR matters;

                  10.

                  Notes in particular that, on budget, finance and procurement matters, the four exceptions were respectively related to:

                              —

                              delegation of the right to make transfers as per Article 23(1) of the Eurojust Financial Regulation,

                              —

                              Article 75 of the Eurojust Financial Regulation and the award of a grant by Eurojust — European Judicial Network and that the exception expired on 31 December 2010,

                              —

                              the extension of a contract that should have been terminated and that the situation ended on 27 December 2010 with the signature of a new contract following the completion of a tender procedure,

                              —

                              the increase of the earmarked amount of a 2008 award decision (in 2008),

                        calls on the Agency to inform the discharge authority on the status of the two exceptions, which were still ongoing at the end of 2010;

                  11.

                  Notes, with regard to HR matters, that the two exceptions related to:

                              —

                              the extension of the appointment of a staff member, whereby that staff member continued temporarily to occupy the post of Head of Unit,

                              —

                              the temporary transfer of a staff member in the interest of the service pursuant to Article 7 of the Staff Regulations,

                        acknowledges the Agency’s statement that the two situations came to an end on 15 October 2010;

         Human resources (HR)

                  12.

                  Expresses concern about the fact that the Court of Auditors has once again observed shortcomings in the implementation of recruitment procedures; notes in particular that the level of vacant posts (13 %) is still high, although lower than in 2009 (24 %), in 2008 (26 %) and in 2007 (33 %); accordingly, calls on the Agency to set up a comprehensive recruitment action plan to significantly reduce the vacancy rate and to inform the discharge authority about this;

                  13.

                  Acknowledges the Court of Auditors’ observation that, despite the fact that recruitment cannot be made from expired reserve lists, an official was recruited in 2010 using a reserve list which had expired in January 2009 and the extension of which was not accepted; calls on the Agency to ensure that all decisions concerning recruitment are adequately documented to avoid such a situation in the future;

                  14.

                  Deplores that fact and calls on the Agency to monitor closely the validity of all reserve lists for recruitment in order to prevent such mistakes in the future; welcomes the Agency’s reply that appointments from a reserve list will only take place after verification of the appropriateness of individual appointments;

                  15.

                  Calls on the Agency to desist from such practices and to respect recruitment rules;

                  16.

                  Deplores the fact that the evaluation committee failed to apply the weightings published in the tender specifications; welcomes the information given by the Agency that measures have been taken which include submission to the Administrative Director of full documentation concerning the substantial and commercial evaluation for each procurement before any contracts are awarded; welcomes the Agency’s commitment to fair, transparent and accurate procurement, so as to contribute towards the financial credibility of the organisation, and calls on the Agency to take measures to fully ensure that it fulfils that commitment;

         Performance

         Organisational structure review

                  17.

                  Notes from the AAR that the Organisational Structure Review, which started in 2009, continued in 2010, and that a proposal for the Multiannual Staff Policy Plan 2012-2014 and the Establishment Plans for the year 2011 and 2012 were drafted; also takes note that a detailed plan for the implementation phase was submitted by a consultancy by the end of 2010 and ultimately discussed and endorsed by the College of the Agency;

         Financial reporting and analysis

                  18.

                  Acknowledges the statement in the Agency’s AAR that its Budget, Finance and Procurement Unit introduced an enhanced method of financial reporting and analysis at Unit level; understands that the Heads of Unit now receive complete information on their spending and commitments by budget line and that the information is issued monthly and quarterly, providing comparisons to the budget for the year and the previous year, by month and cumulatively;

                  19.

                  Is of the opinion that a thorough implementation of this method should lead to better budgetary and financial management; calls on the Agency to inform the discharge authority of the concrete results following the implementation of this method;

         Responsibilities of the Administrative Director

                  20.

                  Recalls that the Administrative Director of the Agency is accountable to the discharge authority for the implementation of the revenue and expenditure of the budget and is responsible for putting in place the organisational structure, the internal management and control systems and procedures relevant for drawing up final accounts that are free from material misstatement, and for ensuring that the transactions underlying those accounts are legal and regular;

                  21.

                  Acknowledges, however, the Court of Auditors’ observation that the Administrative Director is not de facto responsible for the majority of the daily management decisions, which are taken by the College of the Agency on the basis of the relevant provisions of its founding Decision 2002/187/JHA; calls on the Agency to address and review this anomaly as soon as possible; points out that, if ambiguities persist, the envisaged new Regulation on the Agency should address this structural deficiency;

                  22.

                  Notes from the Agency’s statement that its College has no means to redefine the respective roles and responsibilities of the Administrative Director and the College so as to solve the accountability overlap, but that measures have been implemented to ensure that the Administrative Director can act in accordance with his responsibilities;

         Annual Work Programme (AWP)

                  23.

                  Underlines the importance of linking the Agency’s indicators to its objectives, budget and AWP in order to allow stakeholders to evaluate the Agency’s performance; urges the Agency, therefore, to inform the discharge authority of the key indicators established by the Agency and their links to its objectives, budget and AWP;

                  24.

                  Considers that the Agency’s internal process supporting the establishment of its AWP has a significant impact on the reliability of information that the Agency provides to its stakeholders and to the discharge authority; urges the Agency, therefore, to ensure consistency in its planning, adequate procedures and guidelines, and to furnish sufficient documentation supporting the AWP in order to provide information on all activities carried out and on the resources planned per activity;

                  25.

                  Is concerned that the assignment of responsibility for the preparation and adoption of the AWP is not stated in its founding Decision 2002/187/JHA; considers that this may lead to confusion and lack of ownership for the preparation and adoption of the AWP; therefore calls on the Agency to rapidly address this deficiency and to inform the discharge authority of the action taken;

                  26.

                  Urges the Agency to take action to ensure that the legal basis for executing its budget is not put in question and that its AWP is complete and contains all the information required (i.e. information on all activities carried out by the Agency and the resources planned per activities);

                  27.

                  Calls also on the Agency to establish a multiannual IT strategy plan for both operational and support activities;

         Internal audit

                  28.

                  Acknowledges that 12 ‘very important’ recommendations from the Internal Audit Service (IAS) are still open, including two that have been reported as implemented by the Agency, and calls on the IAS to clarify the actual stage of their implementation;

                  29.

                  Notes that, for eight ‘very important’ recommendations, the implementation is delayed beyond the date defined by the Agency in its original action plan; notes that the delay is greater than 12 months in the case of six of these, relating to:

                              —

                              the review of the content of the Register of Exceptions and its corrective actions,

                              —

                              the development of a HR management plan,

                              —

                              reinforcement of the monitoring of HR activities,

                              —

                              the reduction of the number of interim staff,

                              —

                              the redefinition of the set-up of the HR Unit,

                              —

                              the implementation of an integrated HR IT tool;

                  30.

                  Urges the Agency to properly address the recommendations issued by the IAS and to inform the discharge authority of the measures taken in this respect;

                  31.

                  Draws attention to its recommendations from previous discharge reports, as set out in the Annex to this resolution;

                  32.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2012 (7) on the performance, financial management and control of the agencies.

         (1)  OJ C 366, 15.12.2011, p. 140.

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

         (3)  OJ L 63, 6.3.2002, p. 1.

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

         (5)  OJ L 250, 27.9.2011, p. 215.

         (6)  OJ L 64, 12.3.2010, p. 1052.

         (7)  Texts adopted, P7_TA(2012)0164 (see page 388 of this Official Journal).

      ANNEX

         EUROPEAN PARLIAMENT RECOMMENDATIONS OVER PAST YEARS

                  Eurojust

                  2006

                  2007

                  2008

                  2009

                  Performance

                  n.a.

                  The lack of indicators, the deficits in measurement of user satisfaction and the lack of coordination between the budget and the work programme make it difficult to evaluate Eurojust’s performance

                  Calls on the Agency to inform the discharge authority on the Key Performance Indicators and their links to the Agency’s objectives, budget and work programmes of the Agency

                  Carry-over appropriations

                  The annuality and the specification principles are not strictly observed: the management of the budget showed a high number of transfers of appropriations between budget lines and in many cases the supporting documentation was insufficiently detailed

                  The annuality principle was not strictly observed: high levels of carry-overs and weaknesses in the programming and monitoring (budget: EUR 18 900 000; appropriations: EUR 18 000 000; carry-over: EUR 5 200 000)

                              —

                              The annuality principle was not strictly observed: the level of appropriations carried over from the previous year and then cancelled (EUR 1 000 000, or 25 % of appropriations carried over) was high

                              —

                              Calls on the Commission to keep Eurojust’s cash holdings as low as possible; Eurojust has a permanently high level of cash holdings (December 2008: EUR 4 612 878,47)

                              —

                              The Court of Auditors does not comment on the level of carry-overs and cancellations of appropriations in 2009

                              —

                              Calls on the Agency to inform the discharge authority of the steps taken to avoid carrying forward appropriations, such has been a constant issue during the previous discharge procedures

                  Procurement procedures

                  Deficiencies in the procurement procedures

                  Deficiencies in the procurement procedures, as in the two previous years (i.e. the Agency extended existing contracts in a manner contrary to the rules)

                  Deficiencies in procurement procedures, as in the three previous years: in most procurement cases no prior estimation of the market value was made before the procedure was launched; weaknesses in the monitoring of contracts and the programming of procurements; calls on the Agency to inform the discharge authority on the plan to overcome this situation

                  Congratulates the Agency for establishing measures to estimate the market value of relevant products/services before commencing a procurement procedure; considers this initiative an important practice to be followed by other agencies; welcomes, in addition, the Agency’s annual procurement plan for 2009, which greatly helped the Agency’s units and services in the management of their tenders; considers that these initiatives improve the authorising officer’s guidance and control

                  Human resources

                  n.a.

                              —

                              Weaknesses in the recruitment procedures

                              —

                              Reduction of the vacancy rate from 34 % at the end of 2007 to 25 % at the end of 2008

                              —

                              Shortcomings in the recruitment planning

                              —

                              Shortcomings in the planning and implementation of recruitment procedures: 26 % of the posts are still vacant

                              —

                              Eurojust has not respected the principle of specification

                              —

                              Calls on the Agency to inform the discharge authority about its new recruitment procedure

                              —

                              The Court of Auditors notes shortcomings in the planning and implementation of the recruitment procedures (24 % of posts remain vacant)

                              —

                              Calls on the Agency to set up a comprehensive recruitment action plan to significantly reduce the vacancy rate and to inform the discharge authority about this

                              —

                              Calls on the Agency to reduce the number of temporary staff to the number recommended by the IAS

                              —

                              Expresses concern that the Court of Auditors has reported that three out of six middle management posts at the Agency were filled on a temporary basis by ‘acting’ staff members

                  Internal audit

                  n.a.

                  n.a.

                  Calls on the Agency to implement 26 out 26 recommendations made by the Internal Audit Service; calls on the Agency to put in place without delay the following recommendations on human resources management: preparing short term to fill the current vacancies; redefining the set-up of the Human Resources Unit; reducing the number of temporary staff; strengthening the recruitment procedure; adopting the implementing rules for career development; ensuring the independence of the members of the Selection Board; and making sure that the public procurement procedures are correctly implemented

                  Calls on the Agency to inform the discharge authority of the reasons for the delay in resolving the recommendations made by the IAS on 31 December 2008 and to take immediate action on improving the recruitment procedure, reducing the number of interim staff, restructuring the HR unit, developing a HR management plan, reinforcing the monitoring of the HR activities and reviewing the content of the register of exceptions


title: 2012/582/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the European Network and Information Security Agency for the financial year 2010#Resolution of the European Parliament of 10 May 2012 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Network and Information Security Agency for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/221

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the European Network and Information Security Agency for the financial year 2010
   (2012/582/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Network and Information Security Agency for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Network and Information Security Agency for the financial year 2010, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

               —

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

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing the European Network and Information Security Agency (3), and in particular Article 17 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A7-0136/2012),

               1.

               Grants the Executive Director of the European Network and Information Security Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2010;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the European Network and Information Security Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 366, 15.12.2011, p. 15.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 77, 13.3.2004, p. 1.

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

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 10 May 2012
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Network and Information Security Agency for the financial year 2010
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Network and Information Security Agency for the financial year 2010,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Network and Information Security Agency for the financial year 2010, together with the Agency’s replies (1),

                  —

                  having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

                  —

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

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

                  —

                  having regard to Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing the European Network and Information Security Agency (3), and in particular Article 17 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

                  —

                  having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control (A7-0136/2012),

                  A.

                  whereas the Court of Auditors has stated that it has obtained reasonable assurances that the annual accounts of the European Network and Information Security Agency (‘the Agency’) for the financial year 2010 are reliable and that the underlying transactions are legal and regular,

                  B.

                  whereas on 10 May 2011 Parliament granted the Executive Director of the Agency discharge for the implementation of its budget for the financial year 2009 (5), and in its resolution accompanying the discharge decision, inter alia:

                              —

                              expressed its concern that the Court of Auditors reported appropriations carried forward to the following year of 19 % of the total budget of the Agency,

                              —

                              urged the Agency to put in place an exhaustive physical inventory list and ensure the correctness of the accounting records,

                              —

                              urged the Agency to:

                                          —

                                          improve the transparency of the estimates and of who has responsibility,

                                          —

                                          strengthen its procurement authorisation at the financing decision and work-programme level,

                                          —

                                          ensure that disclosure of exceptions in its Annual Activity Report (AAR) is made in a comprehensive manner,

                                          —

                                          ensure adequate follow-up of potential irregularities,

                                          —

                                          develop and report on ex-post controls,

                  C.

                  whereas the overall budget of the Agency for the year 2010 was EUR 8 113 188, which is 0,05 % lower than its budget for 2009; whereas for 2010 the initial contribution of the Union to the budget of the Agency amounted to EUR 7 288 200 (6) compared with EUR 7 800 000 in 2009,

         Budget and financial management

                  1.

                  Recalls that the initial Union contribution to the Agency for 2010 amounted to EUR 7 288 200; notes however that EUR 640 000, coming from the recovery of surplus, was added to that amount which, as a result, makes a total Union contribution of EUR 7 928 200 for 2010;

                  2.

                  Acknowledges from the annual accounts of the Agency for the financial year 2010 that its initial budget amounted to EUR 7 928 200; notes, however, that the Management Board amended the budget to reflect the contribution of the EFTA countries of EUR 184 988;

                  3.

                  Establishes from the annual accounts that appropriations were committed at a rate of 99,95 % compared with 94,40 % in 2009, while payments reached the level of 76,46 % of the total appropriations managed, compared with 75,67 % in 2009;

         Carryovers appropriations

                  4.

                  Notes from the annual accounts of the Agency that EUR 1 987 011 of the commitment appropriations contracted by the end of 2010 but not yet paid were carried forward to 2011; also notes that the total of carried forward appropriations cancelled in 2010 represents EUR 89 185;

                  5.

                  Is concerned that, once again, the Court of Auditors reported 52 % of carryovers from the Agency’s operational budget (Title III); expresses concern that this situation indicates delays in the implementation of the Agency’s activities that are financed from Title III and is at odds with the budgetary principle of annuality; once more, urges the Agency to inform the discharge authority of the action taken by the Agency to address this deficiency;

         Procurement procedures

                  6.

                  Acknowledges that in 2011 the Agency implemented ex-post controls in order to improve the internal control performance in procurement procedures; urges the Agency nevertheless to, in addition, put in place effective ex-ante verification measures to prevent deficiencies in procurement; and calls on the Court of Auditors to check the effectiveness of those measures;

                  7.

                  Is informed by the Agency that it improved transparency both in respect of estimates and of who has responsibility for projects; it strengthened its procurement authorisation at financing-decision and work-programme level; it ensured that the disclosure of exceptions in its AAR was made in a comprehensive manner; and it ensured adequate follow-up of potential irregularities; calls, nevertheless, on the Court of Auditors to assure the discharge authority of the efficiency of these measures;

                  8.

                  Sees from its AAR that the Agency had the following outturn of contracts awarded as a result of procurement procedures launched in 2010:

                              —

                              contracts: 52, including 20 service contracts and 9 framework service contracts;

                              —

                              purchase orders: 233 of which 79 were issued under an existing framework service contract;

                              —

                              procurement procedures launched: 36, including 13 open procedures;

         Refund from the tax authorities of the host Member State

                  9.

                  Notes, once more, with disappointment, that there has been no progress on the previous year concerning the refund of EUR 45 000, which is the amount of VAT paid in advance by the Agency to the tax authorities of the host Member State; urges the Agency, therefore, to inform the discharge authority when this refund is made by the host Member State;

         Human resources (HR)

                  10.

                  Is concerned that, once again, the deficiencies in staff selection procedures still remain and put at risk the transparency of the procedures; acknowledges that the Court of Auditors reported that neither the thresholds that candidates were required to meet in order to be invited to interview nor those standards necessary in order for them to be put on the reserve list were fixed in advance by the selection boards; urges, therefore, the Agency to address this situation and inform the discharge authority of the action taken; notes also that the measures taken by the Agency until now have been shown to be insufficient in this respect; is of the opinion that the discharge authority should no longer accept a recurrence of this deficiency;

                  11.

                  Observes from its annual accounts that the Agency’s staff at the end of year 2010 comprised of 40 Temporary Agents (TA) and 11 Contract Agents (CA); notes also that 4 TA and 2 CA posts were vacant at the end of 2010 and that the recruitment procedures for 3 TA vacant posts had been completed in the fourth quarter of 2010, while the recruitment procedures for CA were launched in early 2011;

                  12.

                  Notes, in addition, from the AAR that the priorities of the HR section of the Agency for 2010 were:

                              —

                              recurrent resource planning (Staff Policy Plan);

                              —

                              affirmative measurable measures for staff retention;

                              —

                              services through electronic workflows;

                        calls, therefore, on the Court of Auditors to confirm to the discharge authority that these priorities were effectively implemented;

         Internal control systems

                  13.

                  Acknowledges that the Agency is implementing and consolidating its internal procedures and internal controls for all financial circuits as provided for in its Work Programme for 2010;

         Internal audit

                  14.

                  Acknowledges in addition that the Internal Audit service (IAS) conducted a light-risk assessment for the Agency to update the audit priorities and the IAS audit plan for 2010-2012; notes in particular that the Agency has an enhanced risk in its planning, accounting, budget execution, IT development and management, business continuity, stakeholder relations, external communication, and impact assessment and evaluation; urges the Agency, therefore, to promptly establish the necessary measures to reduce the risks in the above-mentioned subjects;

                  15.

                  Notes that in 2010 the IAS carried out an audit of ‘planning: stakeholders and operations objectives’ in order to assess and provide reasonable assurance on the adequacy and effectiveness of the internal control system, related to the input and needs of stakeholders, and the effectiveness of allocation of resources with respect to priorities in operational activities;

                  16.

                  Acknowledges from the Agency that the IAS made 10 recommendations, three of which were rated ‘very important’ and seven as ‘important’; notes that these ‘very important recommendations’ concern:

                              —

                              the development of a map of stakeholders’ expectations;

                              —

                              the involvement of stakeholders in project planning;

                              —

                              the improvement of the management of stakeholders’ relations through a suitable IT tool;

                  17.

                  Urges, therefore, the Agency to further:

                              —

                              involve the stakeholders prior/during drafting its provisional Work Programme;

                              —

                              develop a multi-annual framework determining main areas of interest and setting priorities;

                              —

                              reinforce use of stakeholders’ feedback;

                        calls, in addition, on the Agency to inform the discharge authority of the measures taken in this respect;

                  18.

                  Notes that the four very important recommendations related to the 2009 audit on procurement are reported as implemented by the Agency and are currently under IAS review;

                  19.

                  Draws attention to its recommendations from previous discharge reports, as set out in the Annex to this resolution;

                  20.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2012 (7) on the performance, financial management and control of the agencies.

         (1)  OJ C 366, 15.12.2011, p. 15.

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

         (3)  OJ L 77, 13.3.2004, p. 1.

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

         (5)  OJ L 250, 27.9.2011, p. 186.

         (6)  OJ L 64, 12.3.2010, p. 759.

         (7)  Texts adopted, P7_TA(2012)0164 (see page 388 of this Official Journal).

      ANNEX

         EUROPEAN PARLIAMENT RECOMMENDATIONS OVER PAST YEARS

                  European Network Information Security Agency

                  2006

                  2007

                  2008

                  2009

                  Performance

                  n.a.

                  n.a.

                              —

                              Calls on the Agency to set out a diachronic analysis of operations carried out in this and the previous years

                  n.a.

                  Budgetary and financial management

                              —

                              The implementation of the Agency’s budget did not strictly observe the principles of annuality and specification: in the last quarter of the year there was a concentration of transactions

                              —

                              Weaknesses in the implementation of operational activities: 40 % of commitments and more than 50 % of payments concerning operational activities were executed in November and December

                              —

                              Weaknesses in the procurement procedure (the pre-selection of bids was not justified, the evaluation documents were not signed by the evaluation committee, files were not structured and incomplete)

                              —

                              The ECA found deficiencies in procedures: under-estimation of the budgets of a framework contract (i.e. for a three year framework service contract, needs were underestimated and the available budget for this expenditure for the entire year was used within six months)

                              —

                              Calls on the Commission to examine ways of ensuring that the principle of needs-based cash management is implemented in full

                              —

                              Calls on the Commission to ensure that the Agency’s cash reserves are kept as low as possible on a long-term basis

                              —

                              Concerned that the Court of Auditors reported appropriations carried forward to the following year of 19 % of the total budget of the Agency

                  Internal audit and human resources

                              —

                              Undocumented internal control procedures — they should ensure transparency and sound financial management

                  n.a.

                              —

                              Accomplishments in the implementation of all eight recommendations of the Internal Audit Service: i.e. staff policy, renewal of contracts ending in 2008, independence of the selection committees, training services and transparency in the promotion procedure

                              —

                              Deficiencies in staff selection procedure

                              —

                              Calls on the Agency to put in place ex-post controls with the help of a professional supplier

                              —

                              Urges the Agency to put in place an exhaustive physical inventory list & ensure the correctness of the accounting records

                  Procurement Procedure

                  n.a.

                  n.a.

                  n.a.

                              —

                              Calls on the Agency to strengthen its internal controls in order to make sure that contracts & procurement procedures are correctly applied

                              —

                              Urges the Agency to:

                              —

                              Improve transparency in estimates & who has responsibility;

                              —

                              strengthen its procurement authorisation at financing decision & work programme level;

                              —

                              ensure that disclosure of exceptions in its Annual Activity Report is made in a comprehensive manner;

                              —

                              endure adequate follow up of potential irregularities;

                              —

                              develop & report an ex-post controls