title: 2004/711/EC: Decision of the European Parliament of 21 April 2004 concerning discharge to the Director of the Translation Centre for the bodies of the European Union in respect of the implementation of its budget for the financial year 2002

text:
               21.4.2004

               EN

               Official Journal of the European Union

               L 330/27

         DECISION OF THE EUROPEAN PARLIAMENT
   of 21 April 2004
   concerning discharge to the Director of the Translation Centre for the bodies of the European Union in respect of the implementation of its budget for the financial year 2002
   (2004/711/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the Court of Auditors' report on the financial statements of the Translation Centre for the bodies of the European Union for the financial year 2002, together with the Centre's replies (1) (C5-0637/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0142/2004),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof, and to Council Regulation (EC) No 1645/2003 of 18 June 2003 amending Regulation (EEC) No 2965/94 setting up a Translation Centre for the bodies of the European Union (3), and in particular Article 19 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 93a of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control (A5-0212/2004),

               1.

               Gives discharge to the Director of the Translation Centre for the bodies of the European Union in respect of the implementation of its budget for the financial year 2002;

               2.

               Records its comments in the accompanying resolution;

               3.

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

            The Secretary-General

         Julian PRIESTLEY

            The President

         Pat COX

      (1)  OJ C 319, 30.12.2003, p. 29.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 245, 29.9.2003, p. 13.

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

               21.4.2004

               EN

               Official Journal of the European Union

               L 330/28

         RESOLUTION
   of the European Parliament containing the comments accompanying the decision on the discharge to the Director of the Translation Centre for the bodies of the European Union in respect of the implementation of its budget for the financial year 2002
   THE EUROPEAN PARLIAMENT,
   having regard to the Court of Auditors' report on the financial statements of the Translation Centre for the bodies of the European Union for the financial year 2002, together with the Centre's replies (1) (C5-0637/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0142/2004),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof, and to Council Regulation (EC) No 1645/2003 of 18 June 2003 amending Regulation (EC) No 2965/94 setting up a Translation Centre for the bodies of the European Union (3), and in particular Article 19 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 93 a of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control (A5-0212/2004),

               A.

               whereas the European Court of Auditors (ECA) stated in its abovementioned report that it had obtained reasonable assurances that the accounts for the financial year ended 31 December 2002 are reliable and that the underlying transactions, taken as a whole, are legal and regular,

               B.

               whereas on 6 November 2003 Parliament gave discharge (5) to the Director of the Translation Centre in respect of the implementation of its budget for the 2001 financial year and at the same time Parliament in its resolution, inter alia:

                           —

                           called on the Centre to step up its efforts, together with the Luxembourg authorities, to find a permanent solution to its premises problem,

                           —

                           encouraged the Centre's action, in view of the forthcoming enlargement, to ensure better cooperation between institutions,

               1.

               Notes the following figures for the accounts of the Translation Centre for the bodies of the European Union for the financial years 2002 and 2001:
               Revenue and expenditure account for the financial years 2002 and 2001

                           (1000 euro)

                           2002

                           2001

                              Revenue received for the financial year

                           Revenue paid by EU bodies

                           17 200

                           19 550

                           Revenue paid by the European Institutions

                           913

                           633

                           Miscellaneous revenue

                           0

                           5

                           Financial revenue

                           494

                           458

                              Total revenue (a)

                              18 607

                              20 646

                              Budgetary expenditure for the financial year

                              Staff — Title I of the budget

                           Payments

                           10 005

                           13 862

                           Appropriations carried over

                           98

                           892

                              Administration — Title II of the budget

                           Payments

                           1 388

                           1 090

                           Appropriations carried over

                           676

                           929

                              Operating activities — Title III of the budget
                               (6)

                           Payments

                           3 274

                           0

                           Appropriations carried over

                           473

                           0

                              Total expenditure (b)

                              15 914

                              16 773

                              Outturn for the financial year (a - b)
                               (7)

                              2 693

                              3 873

                           Balance carried over from the previous financial year

                           7 875

                           4 977

                           Appropriations carried over which lapsed

                           259

                           240

                           Miscellaneous revenue

                           33

                           -

                           Allocations to provision for liabilities

                           -2 532

                           -1 221

                           Exchange-rate differences

                           2

                           6

                              Balance for the financial year

                              8 330

                              7 875

               2.

               Notes the Centre's plan to take measures to strengthen its internal control system and in particular its risk assessment; expects the Centre to inform its competent committee of such organisational changes once these internal steps have been taken;

         Implementation of the budget

               3.

               Welcomes the Centre's reply to the questionnaire concerning the trend in its carry-overs in recent years which shows a clear reduction; encourages the Centre to continue its efforts to make further improvements in this field;

               4.

               Notes the Centre's effort to respond positively to the ECA's observation concerning the way in which the Centre should apply financial rules when the balance for one financial year is entered as revenue in the budget for the subsequent year; expects the Centre to finalise a solution in line with the ECA's recommendation;

         Translation Centre premises

               5.

               Approves the Centre's efforts to reach agreement with the Luxembourg authorities on the question of its premises; notes that no solution has yet been found; recalls that, in general, as regards buildings policy, the institutions consider, on the basis of a cost/benefit analysis, that the solution of purchasing is preferable to that of renting; stresses that, as regards building projects, Article 179 of the Financial Regulation applies; encourages the Centre to make further efforts, together with the Luxembourg authorities, to find a permanent solution to the problem, finding premises suitable to its needs;

         Horizontal points on the agencies and the Commission

      Implementing the new Financial Regulation - Internal audit and control

               6.

               Reiterates the position taken in its resolutions (8) accompanying the discharge given to the Agencies for 2001 as regards the implementation of the new Financial Regulation; invites the Commission and the agencies to continue their cooperation, in particular in the areas of accounting, internal audit, management and control procedures, so as to ensure that a coherent harmonised framework for the functioning of the agencies is established;

               7.

               Recalls that it expressed concern in the discharge resolution for 2001 concerning the lack of controls on the agencies carried out by the internal audit service of the Commission (IAS); expresses grave concern that such controls do not seem to have been carried out this year; asks the Commission and the IAS to explain the reasons for this and to provide data about the number of staff available to the Internal Auditor to carry out controls in the agencies; expects the Commission to indicate how it can guarantee that sufficient and correct controls are carried out in the satellite bodies, in particular the IAS;

               8.

               Stresses that it is essential that the agencies be required to submit to the investigative powers of OLAF under the same conditions as the institutions (9); invites the ECA to provide information, in time for adoption of the discharge resolution, on whether the Community bodies which acceded to the Interinstitutional Agreement of 25 May 1999 (10) on internal investigations by OLAF did so in the same terms as those laid down in the Annex to this Agreement;

         Financial Management

               9.

               Notes that in some of the Agencies' replies to the questionnaire concerning the way in which the recurrent problem of substantial carry-overs might be addressed, mention is made of the possibilities offered by the new Financial Regulation, which provides for the use of ‘differentiated appropriations’; invites the agencies to better explain their analysis and to indicate in particular which of their activities of a multiannual nature might be financed by such appropriations;

               10.

               Invites the Commission to present its position on such a solution and, should it consider that this solution is not feasible, to outline alternatives allowing for a substantial reduction in carry-overs;

         Review of the agencies

               11.

               Stresses that, prior to any decision to set up an agency, the Commission must make a rigorous analysis of the need for and added value of the functions that the agency will perform, with an eye to the principles of subsidiarity, budgetary rigour and procedural simplification;

               12.

               Calls on the Commission to make a general study of activities currently carried out by various Community bodies that might overlap or serve the same goals, and to propose appropriate solutions, including the possible mergers of agencies;

               13.

               Is concerned by the fact that there is an imbalance between administrative and operational expenditure in many agencies, with administrative expenditure exceeding expenditure for operational purposes; calls therefore on the Commission and the Agencies to set targets and a timetable to reduce the level of administrative expenditure as a proportion of total expenditure; notes that many agencies see opportunities in this regard, as listed in the questionnaire;

               14.

               With reference to the replies to the questionnaire on interinstitutional cooperation, encourages the agencies to improve cooperation between themselves in order to meet their needs in specific areas (for example, software development) and reduce costs, rather than adopt solutions which were initially designed for the purposes of the Commission but which often prove to be too cumbersome and complicated for the agencies' specific needs;

               15.

               Encourages the agencies to organise and develop a close working relationship with the competent parliamentary committees; invites its standing committees with competence in the areas of activity of each of the agencies to coordinate their action with the Committees of Budgets and Budgetary Control, with a view to ensuring efficient monitoring of the activity of the agencies;

         New sources of financing

               16.

               Welcomes the responses and ideas that emerged from the questionnaire concerning the possibilities of other sources of financing; notes that many current sources and proposals concern the letting of buildings and facilities and the sale of publications and information; realises that for reasons of independence, among other things, not all agencies are to accept additional financial sources; stresses the economies of scale and financial benefits of the participation of non-EU countries in the activities of certain agencies; calls on the Commission and the agencies to come forward with constructive proposals with regard to further development of new sources of additional financing, which would increase the level of self-financing;

               17.

               Welcomes the financial contributions of some Member States and regions to the agencies located on their area; considers it important for Council and the Commission to demand such contributions, especially when new agencies are set up;

               18.

               Considers that the Translation Centre should be able to use any spare capacity, without prejudice to the priority to be given to the European Institutions, to provide services to other international organisations for a fee, which would gradually reduce dependency on the Community budget;

         Harmonised operating framework

               19.

               Recalls its position (11) that the multitude of different forms in the existing agencies' structures was thought to be ‘neither transparent nor comprehensible, and, even bearing in mind the differences in tasks, not justified’; invites the Commission to conduct a review of all the existing agencies with a view to proposing, where appropriate, amendments to their basic instruments (12) so as to adapt them to the models that the future regulatory framework should encompass; instructs its competent committees to follow up this comprehensive review exercise, which should be conducted as soon as possible, and to take into consideration the horizontal issues mentioned in this discharge resolution;

               20.

               Invites the Commission to present appropriate proposals, aimed at creating such a harmonised framework for the agencies, prior to or at least in parallel with the presentation of the legislative proposals for the new agencies; insists that an interinstitutional agreement spelling out common guidelines is a pre-condition for creating the harmonised framework;

         Staff policy

               21.

               Notes that, as a result of the new Financial Regulation, the organigrams of the agencies are established by the budgetary authority; stresses the importance of this change for the agency discharge procedure in the years to come as regards checking application of the Staff Regulation in matters of recruitment, promotion policy, vacancy rates and recruitment policy;

               22.

               Notes that, in response to a questionnaire tabled in the course of the budgetary procedure for 2004, it was established that, on average, it took considerably fewer years to obtain promotion at several agencies than is the policy in the Commission, that vacancy rates were considerably higher compared to other institutions and that several of the requested new posts were not proposed at the lowest grade; considers that staff policy should form an important part of a review of the existing agencies;

               23.

               Considers that the staff policy of the agencies should comply with the Financial Regulation, the Staff Regulations and the best practice generally followed by the Institutions; considers that the Commission has been requested to give, before the 2005 budgetary procedure, guidelines concerning staff policy, notably the rate of vacant posts, the rate of promotions, the level of recruitment and the standard career profile;

               24.

               Recalls the principle that the agencies should as far as possible employ staff on temporary contracts, in order to maintain flexibility and efficiency;

               25.

               Is concerned about the serious anomalies detected in connection with the selection procedures of the European Monitoring Centre for Drugs and Drug Addiction, including: imprecise notice, incomplete selection committee minutes, criteria for assessing candidates not defined in advance (13); is very concerned that this might not be an isolated case but that agencies in general might have difficulty in managing these rather complex procedures in a fair and transparent manner;

               26.

               Is of the opinion that selection procedures organised by agencies should meet the same standards as those organised by the European Personnel Selection Office (EPSO) and that they should not be perceived as a backdoor for easy entry into the European civil service;

               27.

               Invites the Commission to make proposals in order to ensure that the agencies benefit from appropriate support from the EPSO when organising selection procedures and that there is a mechanism in place to validate the outcome of such procedures externally before recruitment takes place.

      (1)  OJ C 319, 30.12.2003, p. 29.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 245, 29.9.2003, p. 13.

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

      (5)  OJ L 333, 20.12.2003, p. 65.

      (6)  In 2002 the Centre decided for the sake of clarity to create a Title III in its budget, grouping together all expenditure in respect of translation contracts concluded with natural or legal persons.

      (7)  Calculation based on the principles of Article 15 of Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 (OJ L 130, 31.5.2000, p. 8).

      (8)  OJ L 148, 16.6.2003, p. 83 and OJ L 333, 20.12.2003, p. 53 (point 18).

      (9)  Texts adopted, 13.1.2004, P5-TA(2004) 0015.

      (10)  OJ L 136, 31.5.1999, p. 15.

      (11)  P5-TA(2004) 0015 (paragraphs 13 and 14).

      (12)  P5-TA(2004) 0015 (paragraph 24).

      (13)  See paragraph 13 of the Court of Auditors' specific report for 2002 (p. 64).


title: Request for defence of the immunity and privileges of Aldo Patriciello European Parliament decision of 22 April 2009 on the request for defence of the immunity and privileges of Aldo Patriciello (2008/2323(IMM))

text:
               8.7.2010

               EN

               Official Journal of the European Union

               CE 184/134

         Wednesday 22 April 2009Request for defence of the immunity and privileges of Aldo Patriciello
   P6_TA(2009)0233
   European Parliament decision of 22 April 2009 on the request for defence of the immunity and privileges of Aldo Patriciello (2008/2323(IMM))
   2010/C 184 E/28

      The European Parliament,
   having regard to the request by Aldo Patriciello for defence of his immunity in connection with criminal proceedings brought against him before the District Court of Campobasso, of 11 November 2008, announced in plenary sitting on 20 November 2008,
   having heard Aldo Patriciello in accordance with Rule 7(3) of its Rules of Procedure,
   having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities (‘the Protocol’), and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,
   having regard to the judgments of 12 May 1964, 10 July 1986 and 21 October 2008 (1) of the Court of Justice of the European Communities,
   having regard to Rules 6(3) and 7 of its Rules of Procedure,
   having regard to the report of the Committee on Legal Affairs (A6-0196/2009),

               A.

               whereas Aldo Patriciello is a Member of the European Parliament whose credentials were verified by Parliament on 15 June 2006,

               B.

               whereas, according to the Court of Justice, the European Parliament and the national judicial authorities must cooperate in order to avoid any conflict in the interpretation and application of the provisions of the Protocol; whereas, consequently, where an action has been brought against a Member of the European Parliament before a national court and that court is informed that a procedure for defence of the privileges and immunities of that Member, as provided for in Article 6(3) of the Rules of Procedure, has been initiated, that court must stay the judicial proceedings and request Parliament to issue its opinion as soon as possible (2),

               C.

               whereas, according to Article 10 of the Protocol, during the sessions of the European Parliament, its Members enjoy in the territory of their own State the immunities accorded to members of their parliament and whereas immunity cannot be claimed where a Member is caught in the act of committing an offence; whereas this does not prevent Parliament from exercising its right to waive the immunity of one of its Members,

               D.

               whereas, therefore, the provision applicable to the case in question is Article 68(2) of the Italian Constitution, which allows criminal proceedings to be brought against Members of Parliament without any special formalities, given its provision that, without the leave of the Chamber to which the Member belongs, a search may not be carried out on either the person or the domicile of a Member of Parliament and a Member may not be arrested or otherwise deprived of his or her personal freedom or kept in detention, except to enforce a final conviction or where the Member is caught in the act of committing a crime for which arrest is mandatory in the case of flagrante delicto,

               E.

               whereas, as it stands, the Protocol does not afford the European Parliament the means of taking binding action in order to protect Aldo Patriciello,

               1.

               Decides not to defend the immunity and privileges of Aldo Patriciello;

               2.

               Instructs its President to forward this decision, and the report of its committee responsible, immediately to the competent authorities of the Italian Republic.

      (1)  Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195, Case 149/85 Wybot v Faure and Others [1986] ECR 2391 and Joined Cases C-200/07 and C-201/07 Marra v De Gregorio and Clemente, not yet reported in the European Court Reports.

      (2)  Judgment in Joined Cases C-200/07 and C-201/07 Marra, at paragraphs 42 and 43.


title: Political and Security Committee Decision (CFSP) 2015/665 of 21 April 2015 on the acceptance of third States' contributions to the European Union CSDP Military Advisory Mission in the Central African Republic (EUMAM RCA) (EUMAM RCA/2/2015)

text:
               29.4.2015

               EN

               Official Journal of the European Union

               L 110/13

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2015/665
   of 21 April 2015
   on the acceptance of third States' contributions to the European Union CSDP Military Advisory Mission in the Central African Republic (EUMAM RCA) (EUMAM RCA/2/2015)
   THE POLITICAL AND SECURITY COMMITTEE
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision (CFSP) 2015/78 of 19 January 2015 on a European Union CSDP Military Advisory Mission in the Central African Republic (EUMAM RCA) (1), and in particular Article 8(2) thereof,
   Whereas:

               (1)

               Pursuant to Article 8(2) of Decision (CFSP) 2015/78, the Council authorised the Political and Security Committee (PSC) to take the relevant decisions on the acceptance of the proposed contributions by third States.

               (2)

               Following a recommendation on the contribution offers of the Republic of Moldova ('Moldova') and Georgia by the EU Mission Commander of EUMAM RCA and the advice from the European Union Military Committee, those offers should be accepted.

               (3)

               In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The contribution offers of Moldova and Georgia to the European Union CSDP Military Advisory Mission in the Central African Republic (EUMAM RCA) are accepted and are considered to be significant.
   2.   Moldova and Georgia are exempted from financial contributions to the budget of EUMAM RCA.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 21 April 2015.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 13, 20.1.2015, p. 8.


Avis juridique important

|

31990D0421

90/421/EEC: Commission Decision of 6 August 1990 terminating the anti-dumping proceeding concerning imports of denim fabric originating in Turkey, Indonesia, Hong Kong and Macao

Official Journal L 222 , 17/08/1990 P. 0050 - 0054

*****COMMISSION  DECISION  of 6 August 1990  terminating the anti-dumping proceeding concerning imports of denim fabric originating in Turkey, Indonesia, Hong Kong and Macao  (90/421/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1) and in particular Article 9 thereof,  After consultations within the Advisory Committee as provided for by the Regulation (EEC) No 2423/88  Whereas:  A. PROCEDURE  (1) In January 1989, the Commission received a complaint lodged by Eurocoton, the Committee of the Cotton and Allied Textile Industries of the EEC, on behalf of producers of denim fabrics whose collective output was alleged to constitute the bulk of Community production of the product in question. The complaint contained evidence of dumping of the product concerned originating in Turkey, Indonesia, Hong Kong and Macao and resultant material injury, which was considered sufficient to justify the initiation of an anti-dumping proceeding. As a result, the Commission announced in a notice published in the Official Journal of the European Communities (2) the initiation of an anti-dumping proceeding and commenced an investigation concerning imports of denim fabrics originating in Turkey, Indonesia, Hong Kong and Macao.  (2) The Commission officially notified the exporters and importers known to be concerned, the representatives of the exporting countries and the complainant Community producers, and gave the parties directly concerned the opportunity to make their views known in writing and request a hearing.  (3) Most of the Community producers and some of the exporters and importers known to be concerned made their views known in writing. A number of these companies requested and obtained hearings.  No submissions were made by end users or other Community purchasers of the product.  (4) The Commission sought and verified all information it deemed to be necessary for an assessment of the facts and carried out investigations at the premises of the following companies:  (a) Community producers:  - UCO, Gent,  - Bonduel SA, Ronq,  - Lauffenmuehle GmbH & Co, Waldshut,  - Atlantic Mills Ltd, Longford,  - Smith & Nephew Textiles Ltd, Colne, Lancashire,  - Hellenic Fabrics, Thessaloniki,  - Leglertex, Ponte San Pietro,  - Montebello SpA, Montebello,  - Jose Royo SA, Valencia,  - Textiles y Confecciones Europeas SA, Valencia;  (b) Exporters  - PT Bintang Augung, Jakarta, Indonesia,  - PT South Textile Mills, Jakarta, Indonesia,  - PT Tyfountex, Solo, Indonesia,  - Aldwick Textile Exporters Co., Hong Kong,  - Merit Garment Co., Hong Kong,  - Mou Fung Limited, Hong Kong,  - Nanyang Cotton Mill Limited, Hong Kong,  - Novel Textiles Ltd, Macao,  - Bossa Ticaret ve Sanayi Isletmeleri TAS/Exsa Exports, Sanayi, Adana, Turkey,  - Orta Anadolu Ticaret ve Sanayi Isietmesi TAS Kaysari,  - Narin Pazariama Ithalat ve Ihracat AS,  (5) The investigation covered the period from 1 January 1988 to 31 December 1988.  B. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT  (6) The present proceeding concerns imports of woven cotton fabrics (denim) containing 85 % or more by weight of cotton and weighing more than 200 gr/m2 and woven cotton fabrics (denim) containing less than 85 % weight of cotton mixed mainly or  solely with man-made fibres and weighing more than 200 gr/m2, both of which fall within CN codes 5209 42 00 and 5211 42 00.  For the purpose of these subheadings, the expression 'denim' means fabrics of three-thread or four-tread twill, including broken twill, warp faced, the warp yarns of which are dyed blue and the weft yarns of which are unbleached, bleached, dyed grey or coloured in lighter shade of blue than that of the warp yarn.  (7) In order to establish proper comparability between different kinds of denim, the Commission considered it appropriate to use an internationally accepted classification based on weight per square yard, as follows:  1.2 // - Heavyweight denim:   // more than 13 oz/yard2,  // - Mediumweight denim:   // 10 to 12,9 oz/yard2,   // - Lightweight denim:   // up to 9,99 oz/yard2.  The Commission considered that the similarities in production process and physical characteristics, together with virtually identical application and end use, led to the conclusion that, for the purposes of these proceedings, all weights and types of denim described in this and the preceding recital are identical or sufficiently similar to be considered a single product category as provided for in Article 2 (12) of Regulation (EEC) No 2423/88.  In this context, all exporters concerned sold the same weight or weights and the same quality both domestically and for export to the Community. Thus, for the purposes of the calculation of dumping, normal value and export prices for identical products could be compared. Similarly, the Community industry manufactured all three weights, the prices of which could therefore be compared to the prices of the exported product of the same weight.  C. DUMPING  (a) Normal value  (8) For the product sold in sufficient quantity in the ordinary course of trade in the four domestic markets concerned, normal value was determined on the basis of the weighted average domestic prices of those exporters which exported to the Community and which cooperated in the investigation. In the case of Turkey, in view of the inflationary situation, these normal values were established on a monthly basis.  The normal value was calculated by type of product. In this respect, the Commission took into account the different fabric weights per square yard as mentioned in recital 7 above. Account was also taken, wehre appropriate, of different widths of the material.  For all but one of the companies concerned, sufficient profitable sales on the respective domestic markets for establishing normal value were found.  In the case of one Hong Kong exporter, a trading company, which did not manufacture the product concerned and whose domestic sales were made at a loss throughout the investigation period, normal value was determined by the weighted average of the domestic prices of the other exporters in Hong Kong for sales of similar types of the product concerned.  (b) Export prices  (9) Export prices in all cases were made to independent importers in the Community and accordingly were determined on the basis of the prices actually paid or payable for the product sold for export to the Community.  (c) Comparison  (10) The normal value for each type of product was compared, transaction by transaction, with the export prices of the corresponding type of product at the ex-works stage. The Commission took account of all differences affecting price comparability in accordance with Article 2 (9) and (10) of Regulation (EEC) No 2423/88 such as differences in physical characteristics, and differences in conditions and terms of sale, where claims of a direct relationship of these differences to the sales under consideration could be satisfactorily demonstrated. This was the case in respect of differences in credit terms, warranties, commissions, salaries paid to salesmen, packing, transport, insurance, handling and ancillary costs.  The complainants suggested that the comparison be restricted to the heaviest category of the product which they claimed would be most representative. The Commission, however, considered that since comparisons of all categories of the like product were possible, it should not deviate from normal practice in this area. In any event, about 95 % of all reports from the companies concerned were of the heaviest weight and thus had the greatest significance on the weighting of the calculations.  (d) Dumping margins  (11) The dumping margin calculated for each exporter is equal to the difference between normal value and the export price to the Community, duly adjusted. The weighted average dumping margins for each of the exporters concerned, expressed as a percentage of total CIF values, are as follows:  1.2 // (a) Turkey   //   // - Bossa Ticaret ve Sanayi Isletmeleri TAS/Exsa Exports Sanayi, Adana   // 6,5 %,   // - Orta Anadulu Ticaret ve Sanayi, Isletmesi TAS, Istanbul  // 7,8 %;   // (b) Indonesia   //   // - PT Bintang Agung, Jakarta   // 2,1 %,   // - PT Tyfountex, Solo   // 3,4 %;  // (c) Hong Kong   //   // - Merit Garment Co., Hong Kong  // 18,7 %,   // - Aldwick Textile Exporters Co., Hong Kong  // 11,4 %;  No, or de minimis (in each case less than 1,0 %), dumping margins were found for the remaining companies investigated.  D. INJURY  (a) Cumulation  (12) The Commission assessed injury on the basis of the impact of the total sales of the product concerned in the Community from all exporting companies for which dumping at a level above de minimis was established.  (b) Volume and price of imports  (13) It was established that imports of denim from Turkish, Indonesian and Hong Kong companies concerned amounted to 5 538 tonnes in 1986, 7 956 tonnes in 1987 and 3 803 tonnes in 1988.  These volumes corresponded to a market share in the Community of 3,1 % in 1986, 4,4 % in 1987 and 2,8 % in 1988. The fall in market share between 1987 and 1988 took place in a period when consumption in the Community fell by more than 26 %.  (14) The Commission determined that, during the investigation period, prices for denim fell between 20 % and 30 % in the Community, while on average, the prices of the companies concerned fell by comparison by 2,9 %. A clear pattern of price undercutting by the exporters concerned could not be established, although individual instances of price undercutting by all the exporters concerned were found. The examination of price undercutting was carried out by comparing, at the same level of trade i. e. mainly sales to garment manufacturers, the prices of the Community producers with those for the same weight of material of the imported product.  (c) Position of Community industry  (15) The data available show that EEC production in 1987 amounted to 120 000 tonnes and fell to 105 000 tonnes in 1988, a decrease of 12,5 %. Capacity utilization fell commensurately during this period. The Community producers' sales in the Community followed the same trend, showing a reduction from 106 400 tonnes in 1987 to 94 200 tonnes in 1988.  Consumption in the Community also fell from 180 000 tonnes to 134 000 tonnes between 1987 and 1988. This contraction in demand, of more than 26 % has, given the Community producers' sales volume, led to an increase in their market share from 59 % in 1987 to 70 % in 1988.  (16) Given the degree of this fall in consumption, the reduction in the volume produced was insufficient to prevent the EEC producers accumulating increased stocks from the beginning of 1988, and the consequence of this overall increase in supply as against demand in the Community market was a significant reduction in prices. This price depression during the reference period ranged from 20 % to 30 % and followed the general market trend as described above in recital 14.  (17) In 1988, all Community producers suffered an important erosion in their profitability which meant, for some, that losses were incurred for sales of the product concerned. The weighted average profit margin of the Community producers concerned fell from 10,2 % in 1987 to a loss of 5,1 % in 1988.  (18) In these circumstances, the Commission is of the opinion that there are indications that the Community industry suffered injury during the investigation period. However, given the Commission's conclusion on causality, it is considered inappropriate to decide on the existence of material injury.  E. OTHER RELEVANT ECONOMIC FACTORS AND CAUSATION OF INJURY  (19) To the extent that material injury was suffered by the Community industry, the Commission examined whether such injury was caused by the effects of the dumping established or by other relevant economic factors.  (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No C 73, 21. 3. 1989, p. 3.  (20) In this context, the level and price of imports from countries not covered by the investigation and undumped imports were taken into account. These imports fell between 1987 and 1988 but still maintained a market share in the Community of some 2,6 %. It was also found that large quantities of these imports were sold at prices which undercut those of the Community producers for the same type of product in the Community market and on occasion the prices of the product imported from the countries concerned and found to be dumped.  (21) Another factor which was examined was the trend in demand for the product under consideration in the Community. It was found that between 1987 and 1988 this demand fell by some 26 %. This considerable contraction in demand, which exceeded in percentage terms the reduction in the Community industry's production during the same period led to increased stocks and falling prices.  (22) As regards quantities exported by the companies found to have dumped the product concerned in the Community, these also fell considerably between 1987 and the investigation period and, despite the fall in consumption in the Community of some 26 % over this period, the reduction in imports resulted in a loss in market share for the exporting companies concerned from 4,4 % to 2,8 %. By contrast, the Community producers experienced a much smaller loss in sales in percentage terms and, given the lower consumption level in 1988, increased market share by approximately 11 % in the reference period.  (23) Concerning price, while some undercutting could be related to the imports in question, no pattern emerged in what, during the period of reduced demand in 1988, appeared to be a highly price competitive market. Indeed, on an average basis, the prices of the four exporting companies concerned fell by 2,9 % during this period as against a 20 % to 30 % reduction in the Community as a whole. While the relatively small price reduction of the companies concerned may have been calculated from a lower base than that of the Community producers, given the imported products' loss in market share, any price undercutting by these imports which may have previously existed will have been much reduced and, in many cases, eliminated.  (24) Furthermore, it was established that the total volume of dumped imports of products originating in the countries concerned comprised an extremely small percentage of the total Community consumption during the reference period and that these imports took place almost exclusively at the end of the investigation period due to the quota licensing system in each of the countries and thus had little or no effect on the Community producers' prices during this period.  (25) Accordingly, in examining the factors which are relevant in assessing whether the dumped imports caused material injury to the Community industry as provided for in Article 4 of Regulation (EEC) No 2423/88, account was taken of the fact that there had been no significant increase in the total volume of imports from the companies concerned either in absolute terms or related to consumption in the Community. Indeed, for each of the companies, individually, both volume and market share had fallen in the investigation period, the market share of the imports of all exporters found to have dumped being only 2,8 % for this period. Furthermore, no significant price undercutting was established when prices of the companies concerned were compared with the prices of like products in the Community of the complainant producers.  As regards factors other than the dumped imports, the volume and price of undumped imports and imports from countries other than those concerned were taken account of as was, most importantly, the significant reduction in demand for the product concerned which took place during the investigation period.  (26) In these circumstances, therefore, it was concluded that any injury sustained by the Community industry during the reference period resulting from the dumped imports of denim originating in the countries concerned, taken in isolation, could not be considered to be material.  F. TERMINATION OF THE PROCEEDING  (27) The complainants and other interested parties were informed of the essential facts and considerations on the basis of which the Commission intended to terminate this proceeding. Subsequently, the complainants made known their views which were then examined in detail by the Commission's services.  (28) This submission included a comparative analysis of costs of production in the exporting countries and in the Community. However, it was concluded that such an analysis had little relevance as regards the Commission's findings concerning causality and accordingly there was no justification for altering the decision based on these findings. The complainants, at this stage, also questioned the Commission's figures on consumption in the Community and referred, in this context, to consumption figures in the Community for denim garments, i. e. products which use denim fabric in their manufacture. This, however, was not considered a reliable guide to the consumption of denim fabrics. In the Commission's view, therefore, the complainants' figures formed no basis for changing either the Commission's figures or its conclusion on the question of consumption in the Community of the product under consideration.  (29) On causality, the complainants argued that, owing to the price sensitivity of the market for the product in the Community, even the small quantity of dumped imports at low prices could have caused material injury to the Community industry.  The complainants further argued in this context that the low prices of the exporting companies concerned caused a fall in demand from the purchasers of denim who, in the expectation of even lower prices, withheld purchases and used available stock. The Commission considered, however, that the reduction in prices was rather the result of the general trend of falling demand during the investigation period. This conclusion is supported by the fact that the prices of the exporting companies concerned remained relatively stable during this period, resulting in a loss in their market share and also by the fact that, in previous periods of high demand, the Community producers sold at prices which were considerably higher than those of the imported products.  (30) Thus the evidence available to the Commission led to the conclusion that the volume and price of imports other than those dumped and the fall in demand in the Community during the reference period were factors which caused material injury to the Community industry whereas the small volume of dumped imports, despite their relatively low prices, did not.  (31) Reference was also made by the complainants to the question of a threat of injury concerning imports of denim from the countries concerned. This was limited in effect to an alleged increase in the production capacity of Turkish exporters, it being claimed that their production capacity had reached one half of the total capacity of all Community producers. The Commission, however, could not substantiate this allegation and, given the very low market share of the Turkish exporters during the investigation period, compared to the alleged increase in capacity, it was considered inappropriate at this stage to extend the present investigation for a further period to examine the situation in more detail.  (32) In these circumstances, therefore, the proceeding concerning imports of denim fabrics originating from Turkey, Indonesia, Hong Kong and Macao should be terminated without the imposition of measures.  HAS DECIDED AS FOLLOWS:  Sole Article  The antidumping proceeding concerning imports of denim fabrics, falling within CN codes 5209 42 00 and 5211 42 00 and originating from Turkey, Indonesia, Hong Kong and Macao is hereby terminated.  Done at Brussels, 6 August 1990.  For the Commission  Jean DONDELINGER  Member of the Commission


title: 2006/629/EC: Council Decision of 15 September 2006 appointing a Lithuanian member of the Committee of the Regions

text:
               20.9.2006

               EN

               Official Journal of the European Union

               L 256/16

      COUNCIL DECISION

   of 15 September 2006
   appointing a Lithuanian member of the Committee of the Regions
   (2006/629/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 proposal from the Lithuanian Government,
   Whereas:

               (1)

               On 24 January 2006 the Council adopted Decision 2006/116/EC (1) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010.

               (2)

               A seat as a member of the Committee of the Regions has become vacant following the end of the mandate of Ms Virginija LUKOŠIENĖ,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Stasė SKUTULIENĖ, member of Šilutė District Municipality Council is hereby appointed a member of the Committee of the Regions in place of Ms Virginija LUKOŠIENĖ for the remainder of her term of office, which runs until 25 January 2010.
   Article 2
   This Decision shall take effect on the date of its adoption.

      Done at Brussels, 15 September 2006.

            For the Council

            The President

         E. TUOMIOJA

      (1)  OJ L 56, 25.2.2006, p. 75.


Avis juridique important

|

31984D0330

84/330/EEC: Decision of the European Parliament of 10 April 1984 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 1982 financial year . Resolution embodying the comments accompanying the decision granting a discharge to the Management Board of the European Centre for the Development of Vocational Training in respect of its revenue and expenditure accounts for the 1982 financial year

Official Journal L 173 , 30/06/1984 P. 0004 - 0006

+++++DECISION OF THE EUROPEAN PARLIAMENT OF 10 APRIL 1984 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 1982 FINANCIAL YEAR ( 84/330/EEC )  THE EUROPEAN PARLIAMENT ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 206B THEREOF ,  HAVING REGARD TO THE REVENUE AND EXPENDITURE ACCOUNTS OF THE EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING FOR THE 1982 FINANCIAL YEAR AND THE REPORT OF THE COURT OF AUDITORS ON THESE ACCOUNTS ( DOC . 1-1228/83 ) ,  RECALLING ITS RESOLUTION ON THE BUDGETARY CONTROL ASPECTS OF DECENTRALIZED AGENCIES , AUTONOMOUS ORGANS AND SATELLITE BODIES OF THE EUROPEAN COMMUNITIES TOGETHER WITH OTHER RECIPIENTS OF SUBSIDIES ,  1 . NOTES THE FOLLOWING FIGURES FOR THE ACCOUNTS OF THE EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING FOR THE 1982 FINANCIAL YEAR :  FINANCIAL YEAR 1982 * ECU  RECEIPTS * 3 864 243  1 . SUBSIDY FROM THE COMMISSION * 3 809 719  2 . BANK INTEREST * 23 605  3 . OTHER ( INCLUDING EXCHANGE RATE GAINS ) * 30 919  EXPENDITURE  1 . FINAL BUDGET APPROPRIATIONS * 4 006 000  2 . COMMITMENTS * 3 864 243  3 . APPROPRIATIONS UNUSED ( 1 - 2 ) * 141 757  4 . PAYMENTS * 3 254 506  5 . APPROPRIATIONS BROUGHT FORWARD * 692 555  6 . PAYMENTS FROM APPROPRIATIONS BROUGHT FORWARD * 612 046  7 . APPROPRIATIONS BROUGHT FORWARD AND CANCELLED ( 5 - 6 ) * 80 510  8 . APPROPRIATIONS CARRIED FORWARD * 609 737  9 . APPROPRIATIONS CANCELLED ( 1 - 4 - 8 ) * 141 757  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 1982 FINANCIAL YEAR ;  3 . INSTRUCTS ITS PRESIDENT TO COMMUNICATE THIS DECISION AND THE ATTACHED COMMENTS TO THE MANAGEMENT BOARD OF THE EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING , TO THE COUNCIL AND THE COMMISSION AND TO THE COURT OF AUDITORS AND TO ARRANGE FOR THEIR PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  DONE ON 10 APRIL 1984 .  THE SECRETARY-GENERAL  H . - J . OPITZ  THE PRESIDENT  PIETER DANKERT  RESOLUTION  EMBODYING THE COMMENTS ACCOMPANYING THE DECISION GRANTING A DISCHARGE TO THE MANAGEMENT BOARD OF THE EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING IN RESPECT OF ITS REVENUE AND EXPENDITURE ACCOUNTS FOR THE 1982 FINANCIAL YEAR  THE EUROPEAN PARLIAMENT ,  HAVING REGARD TO THE REPORT OF THE COURT OF AUDITORS ON THE 1982 ACCOUNTS ( DOC . 1-1270/83 ) ,  HAVING REGARD TO THE REPORT OF THE COMMITTEE ON BUDGETARY CONTROL ( DOC . 1-1335/83 ) ,  1 . ASKS THE COMMISSION AND THE MANAGEMENT BOARD OF THE EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING TO TAKE THE NECESSARY MEASURES TO COMPLY WITH THE FOLLOWING COMMENTS AND CALLS ON THE COMMISSION TO SUBMIT A WRITTEN REPORT BY 1 NOVEMBER 1984 ON THE FOLLOW-UP TO THESE COMMENTS ;  INVENTORY  2 . NOTES THE IMPROVEMENTS IN THE INVENTORY OF THE CENTRE AND TRUSTS THAT THESE IMPROVEMENTS WILL BE MAINTAINED ;  ACCOUNTING MATTERS  3 . BELIEVES THAT THE CENTRE , IN FUTURE , DESPITE CERTAIN AVERRED TECHNICAL DIFFICULTIES , SHOULD COMPLETE THE ANNUAL ACCOUNTS MORE SPEEDILY AS RECOMMENDED BY THE COURT OF AUDITORS ;  PUBLICATIONS  4 . CALLS ON THE CENTRE TO REVIEW ITS MAILING LIST BY ASKING THE RECIPIENTS PERIODICALLY TO CONFIRM WHETHER THEY WISH TO CONTINUE TO RECEIVE MAILINGS ;  RESEARCH CONTRACTS  5 . REFLECTS THAT THE LIMITED SPREAD OF USE OF RESEARCH ESTABLISHMENTS IN CERTAIN MEMBER STATES IS FAR TOO NARROW AND CALLS ON THE CENTRE TO SEEK TO WIDEN THIS SPREAD ;  OTHER CONTRACTS  6 . BELIEVES THAT THE CONTRACTS FOR THE SUPPLY OF GOODS AND SERVICES TO THE CENTRE SHOULD BE SUBJECT TO THE FINANCIAL PROVISIONS APPLYING TO THE CENTRE IN THE MATTER OF ISSUING OF INVITATIONS TO TENDER AND AWARDING OF RESULTING CONTRACTS AND URGES THAT THIS REQUIREMENT BE OBSERVED IN FUTURE ;  FINANCIAL PROVISIONS  7 . EXPECTS THAT THE CENTRE WILL PRODUCE RECOMMENDATIONS FOR THE REVISION OF ITS FINANCIAL PROVISIONS AS FAR AS TENDERING SYSTEMS FOR RESEARCH CONTRACTS ARE CONCERNED AND ALSO WILL PUT FORWARD ANY OTHER SUGGESTIONS FOR AMENDMENTS CONSIDERED TO BE USEFUL ;  ANALYSIS OF EXPENDITURE  8 . ASKS THE CENTRE TO REQUIRE THE RECIPIENTS OF RESEARCH CONTRACTS TO COMPLETE A STANDARD FORM OF CONTRACT DESIGNED BY THE CENTRE TO INCLUDE THE EXPENSE BREAKDOWN OF THE CONTRACT SO AS TO SATISFY THE WISHES OF THE COURT OF AUDITORS .


title: Council Decision (CFSP) 2017/153 of 27 January 2017 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia

text:
               28.1.2017

               EN

               Official Journal of the European Union

               L 23/19

         COUNCIL DECISION (CFSP) 2017/153
   of 27 January 2017
   amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 31 January 2011, the Council adopted Decision 2011/72/CFSP (1) concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia.

               (2)

               The restrictive measures set out in Decision 2011/72/CFSP apply until 31 January 2017. On the basis of a review of that Decision, the restrictive measures should be extended until 31 January 2018. Furthermore, the identifying information concerning two listed persons should be updated.

               (3)

               Decision 2011/72/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2011/72/CFSP is amended as follows:

               (1)

               Article 5 is replaced by the following:
               ‘Article 5
               This Decision shall apply until 31 January 2018. It shall be kept under constant review. It may be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.’;

               (2)

               the Annex is amended as set out in the Annex to this Decision.

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

      Done at Brussels, 27 January 2017.

            For the Council

            The President

         E. SCICLUNA

      (1)  Council Decision 2011/72/CFSP of 31 January 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ L 28, 2.2.2011, p. 62).

      ANNEX
      The entries for the following persons set out in the Annex to Decision 2011/72/CFSP are replaced by the entries below:

                     Name

                     Identifying information

                     Grounds

                     ‘27.

                     Sirine (Cyrine) Bent Zine El Abidine Ben Haj Hamda BEN ALI

                     Tunisian, born in Le Bardo 21 August 1971, daughter of Naïma EL KEFI, married to Mohamed Marwan MABROUK, holder of NIC No 05409131.
                     Holder of Tunisian Passport No x599070 issued in November 2016 expiring on 21.11.2021.

                     Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person.

                     28.

                     Mohamed Marwan Ben Ali Ben Mohamed MABROUK

                     Tunisian, born in Tunis 11 March 1972, son of Jaouida El BEJI, married to Sirine BEN ALI, CEO, residing at 8 rue du Commandant Béjaoui — Carthage — Tunis, holder of NIC No 04766495. Holder of French Passport No 11CK51319 expiring on 1.8.2021.

                     Person subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person.’


title: 2006/833/EC: Decision of the European Parliament of 27 April 2006 on the closure of the accounts of the European Agency for Safety and Health at Work for the financial year 2004

text:
               6.12.2006

               EN

               Official Journal of the European Union

               L 340/97

         DECISION OF THE EUROPEAN PARLIAMENT
   of 27 April 2006
   on the closure of the accounts of the European Agency for Safety and Health at Work for the financial year 2004
   (2006/833/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Agency for Safety and Health at Work for the financial year 2004 (1),

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Agency for Safety and Health at Work for the financial year 2004, together with the Agency's replies (2),

               —

               having regard to the Council's recommendation of 14 March 2006 (5972/2006 — C6-0093/2006),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

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

               —

               having regard to Commission 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 (5), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A6-0099/2006),

               1.

               Notes the following figures for the accounts of the European Agency for Safety and Health at Work for the financial years 2004 and 2003:
               Revenue and expenditure account for the financial years 2004 and 2003

                           (1000 EUR)

                           2004

                           2003

                           Revenue

                           Community subsidies

                           9 542

                           11 641

                           Other subsidies

                           66

                           66

                           Other revenue

                           111

                           157

                           Phare revenue

                           121

                           824

                              Total revenue (a)

                              9 840

                              12 688

                           Expenditure

                           Staff — Title 1 of the budget

                           Payments

                           3 379

                           3 245

                           Appropriations carried over

                           60

                           87

                           Administration — Title II of the budget

                           Payments

                           966

                           1 146

                           Appropriations carried over

                           248

                           186

                           Operating activities — Title III of the budget

                           Payments ( (6))

                           2 426

                           2 559

                           Appropriations carried over

                           2 549

                           5 859

                           Phare expenditure

                           Payments

                           0

                           548

                           Appropriations carried over

                           0

                           502

                              Total expenditure (b)

                              9 628

                              14 131

                              Outturn for the financial year (c = a - b)  (7)

                              212

                              - 1 443

                           Balance carried over from the previous financial year

                           - 1 987

                           - 1 108

                           Appropriations carried over from the previous financial year and cancelled

                           887

                           766

                           Sums to be re-used carried over from the previous financial year and not used

                           0

                           1

                           RO (Pharell)

                           144

                           0

                           Payments against commitments cancelled in 2002

                           0

                           - 191

                           Exchange-rate differences

                           0

                           4

                           Phare amount to be refunded to the Commission

                           - 39

                           0

                           Adjustment entries

                           3

                           - 16

                              Outturn for the financial year before economic adjustments (d)

                              - 779

                              - 1 987

                           Budget revenue to be recovered

                           0

                           850

                           Other revenue to be recovered

                           0

                           3

                           Acquisitions of fixed assets

                           58

                           207

                           Depreciation

                           - 175

                           - 186

                           Stock

                           - 6

                           0

                           Scrapping of fixed assets

                           - 91

                           0

                           Depreciation

                           88

                           0

                           Miscellaneous expenditure

                           - 34

                           - 1

                              Economic adjustments (e)

                              - 161

                              873

                              Balance for the financial year (d + e)

                              - 940

                              - 1 113

                              NB: Differences in totals are due to the effects of rounding.

               2.

               Approves the closure of the accounts of the European Agency for Safety and Health at Work for the financial year 2004;

               3.

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

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 269, 28.10.2005, p. 1.

      (2)  OJ C 332, 28.12.2005, p. 23.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 216, 20.8.1994, p. 1. Regulation as last amended by Regulation (EC) No 1112/2005 (OJ L 184, 15.7.2005, p. 5).

      (5)  OJ L 357, 31.12.2002, p. 72. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).

      (6)  This sum includes payments made from the appropriations to be reused in 2004 (EUR 18 573).

      (7)  Calculation according to the principles of Article 15 of Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 (OJ L 130, .31.5.2000, p. 8).

      NB: Differences in totals are due to the effects of rounding.
    ---documentbreak---

               6.12.2006

               EN

               Official Journal of the European Union

               L 340/100

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   with comments forming an integral part of the decision on the discharge for the implementation of the budget of the European Agency for Safety and Health at Work for the financial year 2004
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Agency for Safety and Health at Work for the financial year 2004 (1),

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Agency for Safety and Health at Work for the financial year 2004, together with the Agency's replies (2),

               —

               having regard to the Council's recommendation of 14 March 2006 (5972/2006 — C6-0093/2006),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

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

               —

               having regard to Commission 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 (5), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A6-0099/2006),

               A.

               whereas the Court of Auditors stated that it had obtained reasonable assurance that the annual accounts for the financial year ended 31 December 2004 were reliable and that the underlying transactions, taken as a whole, were legal and regular,

               B.

               whereas the Court of Auditors states that it has obtained reasonable assurance from all the agencies, excepting the express reservations in respect of the 2004 financial year concerning the European Agency for Reconstruction, the European Centre for the Development of Vocational Training, the European Training Foundation, the European Monitoring Centre on Racism and Xenophobia and the European Food Safety Authority,

               1.

               Recalls that, under Article 185 of the Financial Regulation, Parliament shall give discharge for the implementation of the budgets of the bodies set up by the Communities and having legal personality which actually receive grants charged to the budget; points out, however, that not all of these bodies are fully, or even partially, funded via grants charged to the budget; emphasises that the discharge decision therefore covers both the budget and the non-budget funding of these bodies; considers it unacceptable that some of the bodies set up by the Union are accountable for the expenditure of income received from sources other than the budget whilst others, which do not receive a subsidy from the budget, are not; affirms the principle that all Community agencies, whether or not they are subsidised, are subject to discharge by Parliament, even when another discharge authority intervenes in accordance with their basic texts; takes the view that there is a need to review all texts that go against this principle;

               2.

               Finds table 1 of the Court of Auditors' report, introduced for the first time during the 2003 discharge exercise, which summarises the Agency's powers and responsibilities, governance, resources, activities and services provided, of great value; notes that the information contained in table 1 is supplied by the Agency; asks the Court of Auditors to verify the contents of table 1;

               3.

               Insists that as well as spending money properly, agencies should also strive to spend money as efficiently and effectively as possible; invites the Court of Auditors to consider the possibility of extending its specific annual reports on the agencies to include an examination of performance and achievement of objectives; in this context and in line with its resolutions on the 2003 discharge, insists that the following aspects be taken into account: that duplication of work among the agencies must be avoided as much as possible and that measures designed to improve transparency and communication with the public must be clarified, along with Community affirmative action measures at all levels of recruitment, training and the assignment of responsibilities;

               4.

               Notes that Community agencies do not always have a good image or good press and that many of them do not deserve such a negative image; points out that EU citizens should be made aware of this via, with appropriate means being used to explain as often as is necessary the raisons d'être and achievements of the agencies; calls on the Commission to act accordingly, using whatever means it considers necessary;

               5.

               Notes that the enlargement of the European Union in 2004 has affected the structures and operating arrangements of the Community agencies in many ways, and that several of the agencies draw attention to these effects in their activity reports, focusing in particular on the increase in the number of administrators; calls on the Commission to assess the real or supposed problems encountered and to recommend the regulatory changes required;

               6.

               Notes that the Commission has made a commitment to harmonising the way in which activity reports concerning its directorates-general are presented; calls for a similar approach to be taken in respect of the activity reports of the Communities' agencies, which differ significantly in terms of content; calls on the Commission to point out to the Communities' agencies the information and activity indicators that they must provide;

               7.

               Welcomes the reduction in carry-overs achieved; encourages the Agency to continue its efforts to further reduce carry-overs;

               8.

               Urges the Agency to put in place detailed rules for the implementation of its new financial regulation and internal control procedures based on risk analysis as soon as possible;

               9.

               Insists that the Agency respect the rules concerning the duration of framework contracts;

               10.

               Expects the Agency, in future, to include negative balances at year end in amending budgets for the following financial year;

               11.

               Calls on the Commission to help the agencies follow as closely as possible the work plan agreed for the year ahead, allowing activities to be properly planned and implemented, and particularly to avoid major, last-minute changes to the work load;

               12.

               Asks the Commission to improve synergies between agencies by making cooperation more effective, avoiding duplication of work and addressing shortcomings, in particular as regards common areas such as training, the implementation of Community policies across the board, the use of the latest management systems and solving problems relating to sound management of the budget.

      (1)  OJ C 269, 28.10.2005, p. 1.

      (2)  OJ C 332, 28.12.2005, p. 23.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 216, 20.8.1994, p. 1. Regulation as last amended by Regulation (EC) No 1112/2005 (OJ L 184, 15.7.2005, p. 5).

      (5)  OJ L 357, 31.12.2002, p. 72. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).


title: 2004/884/EC: Council Decision of 13 December 2004 appointing an Austrian alternate member of the Committee of the Regions

text:
               22.12.2004

               EN

               Official Journal of the European Union

               L 374/72

      COUNCIL DECISION

   of 13 December 2004
   appointing an Austrian alternate member of the Committee of the Regions
   (2004/884/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 proposal from the Austrian Government,
   Whereas:

               (1)

               On 22 January 2002 the Council adopted a Decision appointing the members and alternate members of the Committee of the Regions (1).

               (2)

               A seat as an alternate member of the Committee of the Regions has fallen vacant following the death of Mr Manfred DÖRLER, notified to the Council on 6 October 2004,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   Mr Gebhard HALDER, Landtagspräsident, Vorarlberger Landtag, is hereby appointed an alternate member of the Committee of the Regions in place of Mr Manfred DÖRLER for the remainder of his term of office, which runs until 25 January 2006.

      Done at Brussels, 13 December 2004.

            For the Council

            The President

         B. R. BOT

      (1)  OJ L 24, 26.1.2002, p. 38.


Avis juridique important

|

31970D0326

70/326/EEC: Commission Decision of 19 June 1970 amending the Decision of 28 November 1967 setting up a Joint Advisory Committee on Social Questions arising in Inland Navigation

Official Journal L 140 , 27/06/1970 P. 0024 - 0024 Danish special edition: Series I Chapter 1970(II) P. 0342  English special edition: Series I Chapter 1970(II) P. 0396  Greek special edition: Chapter 05 Volume 1 P. 0063

+++++( 1 ) DECISION NO 67/745/EEC ( OJ NO 297 , 7 . 7 . 1967 , P . 13 ) .  COMMISSION DECISION OF 19 JUNE 1970 AMENDING THE DECISION OF 28 NOVEMBER 1967 SETTING UP A JOINT ADVISORY COMMITTEE ON SOCIAL QUESTIONS ARISING IN INLAND NAVIGATION ( 70/326/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO ITS DECISION OF 28 NOVEMBER 1967 ( 1 ) SETTING UP A JOINT ADVISORY COMMITTEE ON SOCIAL QUESTIONS ARISING IN INLAND NAVIGATION , AS AMENDED BY THE DECISION OF 9 JULY 1969 ;  HAVING HEARD THE JOINT ADVISORY COMMITTEE ;  WHEREAS THE TERM OF OFFICE FOR THE MEMBERS OF THE JOINT ADVISORY COMMITTEE ON SOCIAL QUESTIONS ARISING IN INLAND NAVIGATION EXPIRES ON 1 MARCH 1972 ;  WHEREAS THE CGT-CGIL STANDING COMMITTEE HAS SET UP A EUROPEAN CO-ORDINATING COMMITTEE FOR CGT-CGIL TRANSPORT WORKERS' UNIONS ;  WHEREAS IT IS APPROPRIATE TO INCREASE THE MEMBERSHIP OF THE JOINT ADVISORY COMMITTEE IN ACCORDANCE WITH THE PRINCIPLES LAID DOWN BY THE COMMISSION OF 16 APRIL 1969 AND TO ADJUST THE NUMBER OF SEATS ACCORDINGLY ;  HAS DECIDED :  ARTICLE 1  ARTICLE 4 OF THE DECISION OF 28 NOVEMBER 1967 SHALL BE AMENDED AS FOLLOWS :  " ( A ) THE COMMITTEE SHALL CONSIST OF 34 FULL MEMBERS AND 22 ALTERNATE MEMBERS .  ( B ) SEATS SHALL BE APPORTIONED AS FOLLOWS :  - TO CARRIERS , SEVENTEEN FULL MEMBERS AND ELEVEN ALTERNATE MEMBERS ;  - TO INLAND NAVIGATION EMPLOYEES , SEVENTEEN FULL MEMBERS AND ELEVEN ALTERNATE MEMBERS . "  ( C ) NO AMENDMENT .  ARTICLE 2  ARTICLE 5 OF THE DECISION OF 28 NOVEMBER 1967 SHALL BE AMENDED AS FOLLOWS :  " ( A ) MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY THE COMMISSION ON PROPOSALS FROM THE FOLLOWING ORGANISATIONS SET UP AT COMMUNITY LEVEL TO REPRESENT THE VARIOUS SECTIONS OF THE INDUSTRY :  EMPLOYEES :  - COMMITTEE OF ITF UNIONS IN THE EEC ( ITF-ECFTU ) ;  - EUROPEAN TRANSPORT COMMITTEE ( ETC-WCL ) ;  - EUROPEAN CO-ORDINATING COMMITTEE FOR TRANSPORT WORKERS' UNIONS ( CGT-CGIL ) ;  CARRIERS :  - INTERNATIONAL UNION FOR INLAND NAVIGATION ( IUIN ) . "  ( B ) NO AMENDMENT .  DONE AT BRUSSELS , 19 JUNE 1970 .  FOR THE COMMISSION  THE PRESIDENT  JEAN REY