title: 2011/637/EU: Council Decision of 26 September 2011 amending and extending the period of application of Decision 2007/641/EC on the conclusion of consultations with the Republic of the Fiji Islands under Article 96 of the ACP-EC Partnership Agreement and Article 37 of the Development Cooperation Instrument

text:
               28.9.2011

               EN

               Official Journal of the European Union

               L 252/1

         COUNCIL DECISION
   of 26 September 2011
   amending and extending the period of application of Decision 2007/641/EC on the conclusion of consultations with the Republic of the Fiji Islands under Article 96 of the ACP-EC Partnership Agreement and Article 37 of the Development Cooperation Instrument
   (2011/637/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 thereof,
   Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1), as last amended in Ouagadougou on 22 June 2010 (2) (‘the ACP-EU Partnership Agreement’), and in particular Article 96 thereof,
   Having regard to the Internal Agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (3), and in particular Article 3 thereof,
   Having regard to Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (‘the Development Cooperation Instrument’) (4), and in particular Article 37 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Council Decision 2007/641/EC (5) was adopted to take appropriate measures following the violation of the essential elements referred to in Article 9 of the ACP-EU Partnership Agreement and of the values referred to in Article 3 of the Development Cooperation Instrument.

               (2)

               Those measures have been extended by Council Decision 2009/735/EC (6), and subsequently by Council Decisions 2010/208/EU (7), 2010/589/EU (8) and 2011/219/EU (9), since not only has the Republic of Fiji yet to implement important commitments it made in consultations held in April 2007 concerning essential elements of the ACP-EU Partnership Agreement and the Development Cooperation Instrument, but there have also been important regressive developments concerning a number of these commitments.

               (3)

               Decision 2007/641/EC expires on 30 September 2011. It is appropriate to extend its validity, and to update the content of the appropriate measures accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2007/641/EC is hereby amended as follows:

               (1)

               in Article 3, the second paragraph is replaced by the following:
               ‘It shall expire on 30 September 2012. It shall be reviewed regularly at least once every 6 months.’;

               (2)

               the Annex is replaced by the Annex to this Decision.

         Article 2
   The letter in the Annex to this Decision shall be addressed to the Republic of Fiji.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 26 September 2011.

            For the Council

            The President

         M. KOROLEC

      (1)  OJ L 317, 15.12.2000, p. 3.

      (2)  OJ L 287, 4.11.2010, p. 3.

      (3)  OJ L 317, 15.12.2000, p. 376.

      (4)  OJ L 378, 27.12.2006, p. 41.

      (5)  OJ L 260, 5.10.2007, p. 15.

      (6)  OJ L 262, 6.10.2009, p. 43.

      (7)  OJ L 89, 9.4.2010, p. 7.

      (8)  OJ L 260, 2.10.2010, p. 10.

      (9)  OJ L 93, 7.4.2011, p. 2.

      ANNEX
      H.E. Ratu Epeli NAILATIKAU
      President of the Republic of Fiji
      Suva
      Republic of Fiji
      Excellency,
      The European Union (EU) attaches great importance to the provisions of Article 9 of the ACP-EU Partnership Agreement and Article 3 of the Development Cooperation Instrument. The ACP-EU partnership is founded on respect for human rights, democratic principles and the rule of law, which form the essential elements of the ACP-EU Partnership Agreement, and form the basis of our relations.
      On 11 December 2006 the Council of the EU condemned the military takeover in the Republic of Fiji (Fiji).
      Under Article 96 of the ACP-EU Partnership Agreement, and considering that the military takeover on 5 December 2006 constituted a violation of the essential elements listed in Article 9 thereof, the EU invited Fiji to consultations, as provided for in the ACP-EU Partnership Agreement, in order to thoroughly examine the situation and, where necessary, take steps to remedy it.
      The formal part of those consultations began in Brussels on 18 April 2007. The EU was pleased that at the time the Interim Government confirmed a number of key commitments regarding human rights and fundamental freedoms, respect for democratic principles and the rule of law, as noted below, and proposed positive steps regarding their implementation.
      Regrettably, there have since been a series of regressive developments, in particular in April 2009, meaning that Fiji is now in breach of a range of its commitments. This concerns notably the abrogation of the Constitution, the very substantial delay in holding the parliamentary elections, and human rights violations. Although implementation of the commitments has been substantially delayed, the majority of those commitments remain highly relevant to Fiji’s present situation, and are therefore attached to this letter. As Fiji has unilaterally decided to break a number of key commitments, this has led to losses for Fiji in terms of development funds.
      However, in the spirit of partnership forming the cornerstone of the ACP-EU Partnership Agreement, the EU expresses its readiness to engage in new formal consultations as soon as there is a reasonable prospect for a positive conclusion to such consultations. On 1 July 2009 the Interim Prime Minister presented a roadmap for reforms and for a return to democratic order. The EU stands ready to engage in dialogue regarding this roadmap, and to consider whether it may serve as a basis for new consultations. Accordingly, the EU has decided to extend the existing appropriate measures for Fiji in order to create a window of opportunity for new consultations. While some of the appropriate measures are now out-of-date, it has been concluded that rather than update them unilaterally, the EU prefers to further explore possibilities for new consultations with Fiji. Consequently, it is of particular importance that the Interim Government commits to an inclusive domestic political dialogue and to flexibility concerning the time-frame for the roadmap. While the EU’s position is and always will be guided by the essential elements of the ACP-EU Partnership Agreement as well as its fundamental principles, notably regarding the pivotal role of dialogue and the fulfilment of mutual obligations, it is stressed that there are no foregone conclusions on the EU’s side regarding the outcome of future consultations.
      If new consultations result in substantial commitments from Fiji, the EU is committed to an early, positive review of these appropriate measures. Conversely, if the situation in Fiji does not improve, then further losses of development funds for Fiji are set to continue. In particular, the assessment of progress made towards return to constitutional rule will guide the EU in the upcoming decisions on accompanying measures for Sugar Protocol countries and Fiji’s National Indicative Programme under the 10th European Development Fund (EDF).
      Until new consultations have taken place, the EU invites Fiji to continue and intensify the enhanced political dialogue.
      The appropriate measures are as follows:

                  —

                  humanitarian aid and direct support to civil society and vulnerable populations may continue,

                  —

                  the cooperation activities under way, in particular under the 8th and 9th EDFs, may continue,

                  —

                  cooperation activities that would help the return to democracy and improve governance may be pursued, save under very exceptional circumstances,

                  —

                  implementation of the sugar reform accompanying measures for 2006 may proceed. The financing agreement was signed at the technical level by Fiji on 19 June 2007. It is noted that the financing agreement includes a suspension clause,

                  —

                  the preparation and potential signing of the multi-annual indicative programme for sugar reform accompanying measures for 2011-2013 can proceed,

                  —

                  the finalisation, signing at technical level and implementation of the Country Strategy Paper and National Indicative Programme for the 10th EDF with an indicative financial envelope, as well as the possible allocation of an incentive tranche of up to 25 % of this sum, will be subject to respect of the commitments made with regard to human rights and the rule of law notably: that the Interim Government upholds the Constitution, that the independence of the judiciary is fully respected, that the Public Emergency Regulations, reintroduced on 6 September 2007, are lifted as soon as possible, that all allegations of human rights infringements are investigated or dealt with in accordance with the various procedures and forums under the laws of Fiji, and that the Interim Government shall use best endeavours to prevent security agencies from issuing statements designed to intimidate,

                  —

                  the 2007 sugar allocation is zero,

                  —

                  availability of the 2008 sugar allocation was subject to evidence of credible and timely preparation of elections in accordance with the agreed commitments, notably regarding a census, the redrafting of boundaries and electoral reform in accordance with the Constitution, and measures taken to ensure the functioning of the Elections Office, including the appointment of a Supervisor of Elections by 30 September 2007 in accordance with the Constitution. This 2008 sugar allocation was lost on 31 December 2009,

                  —

                  the 2009 sugar allocation was cancelled in May 2009 because the Interim Government decided to delay general elections until September 2014,

                  —

                  the 2010 allocation was cancelled before 1 May 2010 as no progress was made in the continuation of the democratic process; however, given the critical situation of the sugar sector, part of the allocation was set aside for direct assistance to the population directly dependent on sugar production in order to mitigate adverse social consequences. These funds are centrally managed by the EU’s Delegation in Suva and not channelled through the Government,

                  —

                  the availability of the indicative allocation under the multi-annual indicative programme for accompanying measures for former Sugar Protocol countries 2011-2013 will be conditional on an agreement in the consultation process; in the absence of such an agreement only social mitigation interventions will be considered for funding through this allocation,

                  —

                  specific support for the preparation and implementation of key commitments, in particular in support of the preparation and/or holding of elections, could be considered,

                  —

                  regional cooperation, and Fiji’s participation therein, is unaffected.

            Monitoring of the commitments will be in accordance with the terms in the Annex to this letter concerning regular dialogue, and effective cooperation with assessment and monitoring missions and reporting.
      Furthermore, the EU expects Fiji to cooperate fully with the Pacific Islands Forum regarding the implementation of the recommendations by the Eminent Persons’ Group, as endorsed by the Forum Foreign Ministers at their meeting in Vanuatu on 16 March 2007.
      The EU will continue to closely follow the situation in Fiji. Under Article 8 of the ACP-EU Partnership Agreement, an enhanced political dialogue will be conducted with Fiji to ensure respect for human rights, restoration of democracy and respect for the rule of law until both parties conclude that the enhanced nature of the dialogue has served its purpose.
      If there is a slowing down, breakdown or reversal in the implementation by the Interim Government of the commitments made, the EU reserves the right to adjust the appropriate measures.
      The EU stresses that Fiji’s privileges in its cooperation with the EU depend on respect for the essential elements of the ACP-EU Partnership Agreement and the principles set in the Development Cooperation Instrument. In order to convince the EU that the Interim Government is fully prepared to follow up on the commitments given, it is essential that early and substantial progress be made in the fulfilment of the agreed commitments.
      Yours sincerely,
      Done at Brussels,

            For the Council of the European Union

            For the European Commission

         ANNEX TO THE ANNEX

            COMMITMENTS AGREED WITH THE REPUBLIC OF FIJI

         A.   Respect for Democratic Principles

         Commitment No 1
         That free and fair parliamentary elections take place within 24 months from 1 March 2007, subject to the findings of an assessment to be carried out by the independent auditors appointed by the Pacific Islands Forum Secretariat. The processes leading to the holding of the elections will be jointly monitored, adapted and revised as necessary on the basis of mutually agreed benchmarks. This implies in particular that:

                     —

                     by 30 June 2007 the Interim Government will adopt a schedule setting out dates for the completion of the various steps to be taken in preparation for the new parliamentary elections,

                     —

                     the schedule specifies the timing of a census, the redrafting of boundaries and electoral reform,

                     —

                     the determination of boundaries and electoral reform will be carried out in accordance with the Constitution,

                     —

                     measures will be taken to ensure the functioning of the Elections Office, including the appointment of a Supervisor of Elections by 30 September 2007 in accordance with the Constitution,

                     —

                     the appointment of the Vice-President will be in accordance with the Constitution.

               Commitment No 2
         That the Interim Government, when adopting major legislative, fiscal and other policy initiatives and changes, will take into account consultations with civil society and other relevant stakeholders.
         B.   Rule of Law

         Commitment No 1
         That the Interim Government will use its best endeavours to prevent statements by security agencies designed to intimidate.
         Commitment No 2
         That the Interim Government upholds the 1997 Constitution and guarantees the normal and independent functioning of constitutional institutions, such as the Fiji Human Rights Commission, the Public Service Commission, and the Constitutional Offices Commission. The substantial independence and functioning of the Great Council of Chiefs will be preserved.
         Commitment No 3
         That the independence of the judiciary is fully respected, that it is allowed to work freely and that its rulings are respected by all concerned parties, in particular:

                     —

                     that the Interim Government undertakes to appoint the tribunal pursuant to Section 138(3) of the Constitution by 15 July 2007,

                     —

                     that any appointment and/or dismissal of judges is henceforth carried out in strict conformity with constitutional provisions and procedural rules,

                     —

                     that there will be no instances whatsoever of interference, of whatever form, by the military and the police or by the Interim Government with the judicial process, including full respect for the legal profession.

               Commitment No 4
         That all criminal proceedings in connection with corruption are dealt with through the appropriate judicial channels and that any other bodies that may be set up to investigate alleged cases of corruption will operate within constitutional boundaries.
         C.   Human Rights and Fundamental Freedoms

         Commitment No 1
         The Interim Government will take all necessary steps to facilitate that all allegations of human rights infringements are investigated or dealt with in accordance with the various procedures and forums under the laws of the Fiji Islands.
         Commitment No 2
         The Interim Government will lift the Public Emergency Regulations in May 2007, subject to any threats to national security, public order and safety.
         Commitment No 3
         The Interim Government is committed to ensuring that the Fiji Human Rights Commission functions with full independence and in accordance with the Constitution.
         Commitment No 4
         That freedom of expression and freedom of the media, in all forms, are fully respected as provided in the Constitution.
         D.   Follow-up of Commitments

         Commitment No 1
         That the Interim Government undertakes to maintain a regular dialogue to allow verification of the progress made and gives EU and European Commission authorities/representatives full access to information on all matters relating to human rights, the peaceful restoration of democracy and the rule of law in Fiji.
         Commitment No 2
         That the Interim Government cooperates fully with any missions from the EU to assess and monitor progress.
         Commitment No 3
         That the Interim Government sends progress reports every 3 months starting 30 June 2007 regarding the essential elements of the Cotonou Agreement and the commitments.
         It is noted that certain issues can only be effectively addressed through a pragmatic approach that acknowledges the realities of the present and which focuses on the future.


Avis juridique important

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31997D0645

97/645/ECSC: Commission Decision of 24 September 1997 relating to the mixed committee for the harmonization of working conditions in the steel industry

Official Journal L 272 , 04/10/1997 P. 0052 - 0053

COMMISSION DECISION of 24 September 1997 relating to the mixed committee for the harmonization of working conditions in the steel industry (97/645/ECSC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Coal and Steel Community,Whereas a mixed committee for the harmonization of working conditions in the steel industry was created by the high authority pursuant to a resolution of the consultative committee of 20 December 1954;Whereas it is appropriate that comprehensive rules for its activities should be formally set out;Whereas representatives of employers and workers in the steel industry have been consulted on the following provisions and have expressed their agreement to them,HAS DECIDED AS FOLLOWS:Article 1 1. The mixed committee for the harmonization of working conditions in the steel industry (the mixed committee) shall assist the Commission of the European Communities (the Commission) in formulating and implementing Community social policy as provided for in the Treaty establishing the European Coal and Steel Community, in order to promote harmonized improved working conditions and an improved standard of living for the workers in the steel industry.2. The mixed committee shall constitute a forum for discussion, for the exchange of information and for consultations between representatives of employers and workers in the industry.3. The mixed committee may carry out the studies required for the fulfilment of its mission, organize, as appropriate, conferences or seminars on social problems, draw up reports and formulate opinions and recommendations either at the request of the Commission or on its own initiative. On requesting the opinion of the mixed committee, the Commission may fix a time limit for this opinion to be given.The conclusions of the mixed committee shall be communicated to the Commission.If an opinion is not unanimous, the mixed committee shall report the differing views to the Commission.Article 2 1. The mixed committee shall be made up of representatives of employers and workers in the steel industry. Members shall be appointed by the Commission on the basis of proposals from employers' and workers' associations which are established at Community level, as follows:- for each Member State in which steel is produced: one employers' representative and one workers' representative; this shall be increased to two employers' representatives and two workers' representatives for Member States whose workforce in the ECSC steel sector exceeds 20 000 (1),- for employers' and workers' associations which are established at Community level: one representative of employers' associations and one representative of workers' associations.The Commission shall ensure that the membership of the mixed committee is representative of all aspects of the steel industry.2. Members of the mixed committee shall hold office for a term of two years; appointments shall be renewable. Members whose term of office has expired shall remain in office until they have been replaced or their term of office has been renewed.3. Should a member of the mixed committee be unable to attend a particular meeting then, in respect of that meeting, he may nominate a replacement from the organization or association which he represents.4. In the event of the death or resignation of a member of the mixed committee before the expiry of his two-year term, the organization or association which he represented may propose a replacement to serve as a member of the committee for the unexpired part of the term.5. The list of members of the mixed committee shall be published by the Commission in the Official Journal of the European Communities for information.Article 3 1. The chairmanship of the mixed committee shall be held for periods of one year alternately by a representative of the workers' group and by a representative of the employers' group, appointed by the group concerned.2. A vice-chairman, who may not belong to the same group as the chairman, shall be appointed in the same manner.3. A chairman or vice-chairman whose term of office has expired shall remain in office until he has been replaced.4. Should the chairman of vice-chairman cease to hold office before expiry of his term, he shall be replaced for the remainder of the term in accordance with the provisions of paragraphs 1 and 2.5. Should both the chairman and the vice-chairman be unable to attend a particular meeting then, in respect of that meeting, the chair shall be taken by a member of the mixed committee designated by the group to which the chairman belongs.Article 4 The mixed committee shall meet at the Commission's headquarters at least twice each year. Meetings shall be convened by its chairman.Article 5 The Commission shall provide secretarial services for the mixed committee and shall ensure that the cost of its activities does not exceed the credits allocated annually for this purpose.Article 6 1. The mixed committee may, with the agreement of the Commission, invite representatives of the Governments of the Member States to participate in the work of the mixed committee in an advisory capacity or as observers.2. The mixed committee may set up working groups and may invite experts to assist it in specific tasks.Article 7 The members of the mixed committee and those persons who are invited to its meetings shall be bound not to disclose the information made available to them during these meetings, if the Commission or the mixed committee considers such information to be of a confidential nature.Article 8 This Decision shall take effect on 1 October 1997.Done at Brussels, 24 September 1997.For the CommissionPádraig FLYNNMember of the Commission(1) The number of workers by Member State will be taken from the Eurostat ECSC statistics 2-31, corresponding to the last month of the previous year.


title: Council Decision (EU, Euratom) 2016/2049 of 21 November 2016 appointing a member, proposed by the Kingdom of the Netherlands, of the European Economic and Social Committee

text:
               24.11.2016

               EN

               Official Journal of the European Union

               L 318/12

         COUNCIL DECISION (EU, Euratom) 2016/2049
   of 21 November 2016
   appointing a member, proposed by the Kingdom of the Netherlands, of the European Economic and Social Committee
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
   Having regard to the proposal of the Government of the Netherlands,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               On 18 September 2015 and 1 October 2015, the Council adopted Decisions (EU, Euratom) 2015/1600 (1) and (EU, Euratom) 2015/1790 (2) appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020.

               (2)

               A member's seat on the European Economic and Social Committee has become vacant following the end of the term of office of Ms Melanie Irmgard BOUWKNEGT,

         HAS ADOPTED THIS DECISION:
   Article 1
   Ms Hester HOUWING, Policy Adviser at the Christian Trade Union Federation (CNV), is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2020.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 21 November 2016.

            For the Council

            The President

         P. PLAVČAN

      (1)  Council Decision (EU, Euratom) 2015/1600 of 18 September 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 248, 24.9.2015, p. 53).

      (2)  Council Decision (EU, Euratom) 2015/1790 of 1 October 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 260, 7.10.2015, p. 23).


title: 2005/159/EC: Council Decision of 17 February 2005 appointing six Belgian members and eight Belgian alternate members of the Committee of the Regions

text:
               25.2.2005

               EN

               Official Journal of the European Union

               L 52/40

      COUNCIL DECISION

   of 17 February 2005
   appointing six Belgian members and eight Belgian alternate members of the Committee of the Regions
   (2005/159/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 Belgian Government,
   Whereas:

               (1)

               On 22 January 2002 the Council adopted Decision 2002/60/EC (1) appointing the members and alternate members of the Committee of the Regions.

               (2)

               One seat as a member and one seat as an alternate member of the Committee of the Regions have become vacant following the resignation of Mr Frans RAMON, member, notified to the Council on 8 September 2004 and of Mr Jos BEX, alternate member, notified to the Council on 3 February 2005, and five seats as members and seven seats as alternate members of the Committee of the Regions have become vacant following the expiry of the mandates of Mr Paul VAN GREMBERGEN (BE), Mr Bart SOMERS (BE), Mr Stefaan PLATTEAU (BE), Mr Xavier DESGAIN (BE) and Mr Hervé HASQUIN (BE), members, and of Mr Jacques TIMMERMANS (BE), Mr André DENYS, Ms Josée VERCAMMEN, Mr Serge KUBLA, Mr Rudy DEMOTTE, Mr Jean-Marc NOLLET and Mr Bernd GENTGES, alternate members, notified to the Council on 24 January 2005,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following are hereby appointed to the Committee of the Regions:

               a)

               as members:

                           Mr Yves LETERME
                           Minister-President van de Vlaamse Regering en Vlaams Minister van Institutionele Hervormingen, Landbouw, Zeevisserij en Plattelandsbeleid
                           to replace Mr Frans RAMON

                           Mr Bart SOMERS
                           Vlaams Volksvertegenwoordiger
                           (on the basis of his new mandate as a member of the Flemish Parliament)

                           Ms Fientje MOERMAN
                           Vice-Minister-President van de Vlaamse Regering en Vlaams Minister van Economie, Ondernemen, Wetenschap, Innovatie en Buitenlandse Handel
                           to replace Mr Stefaan PLATTEAU

                           Mr Geert BOURGEOIS
                           Vlaams Minister van Bestuurzaken, Buitenlands Beleid, Media en Tourisme
                           to replace Mr Paul VAN GREMBERGEN

                           Mr Michel LEBRUN
                           Député wallon
                           to replace Mr Xavier DESGAIN

                           Mr Jean-François ISTASSE
                           Président du Parlement de la Communauté française
                           to replace Mr Hervé HASQUIN;

               b)

               as alternate members:

                           Mr Johan SAUWENS
                           Vlaams Volksvertegenwoordiger
                           to replace Mr André DENYS

                           Mr Bart CARON
                           Vlaams Volksvertegenwoordiger
                           to replace Mr Jacques TIMMERMANS

                           Mr Stefaan PLATTEAU
                           Burgemeester,
                           to replace Ms Josée VERCAMMEN

                           Ms Marie-Dominique SIMONET
                           Ministre de la Recherche, des Technologies nouvelles et des relations extérieures du Gouvernement wallon
                           to replace Mr Serge KUBLA

                           Mr Maurice BAYENET
                           Député au Parlement de la Communauté française
                           to replace Mr Jean-Marc NOLLET

                           Mr Béa DIALLO
                           Député au Parlement de la Communauté française
                           to replace Mr Rudy DEMOTTE

                           Mr Claude DESAMA
                           Bourgmestre de Verviers
                           to replace Mr Bernd GENTGES

                           Mr Jan ROEGIERS
                           Vlaams Volksvertegenwoordiger
                           to replace Mr Jos BEX

         for the remainder of their term of office, which runs until 25 January 2006.

      Done at Brussels, 17 February 2005.

            For the Council

            The President

         J.-C. JUNCKER

      (1)  OJ L 24, 26.1.2002, p. 38.


title: 2006/77/EC: Commission Decision of  23 December 2005  Commission Decision setting up a High Level Group on Competitiveness, Energy and the Environment

text:
               8.2.2006

               EN

               Official Journal of the European Union

               L 36/43

      COMMISSION DECISION

   of 23 December 2005
   Commission Decision setting up a High Level Group on Competitiveness, Energy and the Environment
   (2006/77/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Whereas:

               (1)

               Article 2 of the Treaty establishing the European Community assigned the Community and the Member States the task of promoting a harmonious, balanced and sustainable development of economic activities, a high level of employment and of social protection, equality between men and women, sustainable and non-inflationary growth, a high degree of competitiveness and convergence of economic performance, a high level of protection and improvement of the quality of the environment, the raising of the standard of living and quality of life, and economic and social cohesion and solidarity among Member States.

               (2)

               In accordance with the Communication from the Commission entitled ‘Implementing the Community Lisbon Programme: a policy framework to strengthen EU manufacturing — towards a more integrated approach for industrial policy’ (1), the Commission announced the intention to call upon the advice of a High Level Group on competitiveness, energy and the environment, in particular regarding the basic and intermediate product industries.

               (3)

               The High Level Group should be designed to contribute to examining the links between industrial, energy and environmental policies and ensuring the coherence of individual initiatives, whilst improving both sustainability and competitiveness; and contribute, through the balanced participation of relevant stakeholders, to creating a stable and predictable regulatory framework where competitiveness, energy and environment go hand in hand, notably building upon input from research in this field.

               (4)

               The High Level Group should bring together representatives of the Commission, Member States, European Parliament and relevant stakeholders notably industry and civil society, inter alia, consumers, trade unions, NGOs and research/academia.

               (5)

               The High Level Group on competitiveness, energy and the environment therefore has to be set up and its terms of reference and structures detailed,

         HAS DECIDED AS FOLLOWS:
   Article 1
   A High Level Group hereafter referred to as ‘the group’ is hereby set up by the Commission.
   Article 2
   Mandate
   The group’s mandate is to address issues where competitiveness, energy and environmental policies interrelate. The mandate is given for two years: it may be extended by Commission Decision.
   The group will provide advice, in the most appropriate format, addressed to policy makers at Community and national level, industry and civil society organisations.
   Article 3
   Composition — appointment
   1.   The members of the group shall be appointed by the Commission from high level persons with competence and responsibility in the areas of industry, energy, and the environment.
   2.   The group shall be composed of up to 28 members.
   3.   The following provision shall apply:

               —

               the members are appointed for their expertise in a personal capacity. Each member of the group shall nominate a personal representative to a preparatory sub-group hereafter referred to as ‘sherpa’ sub-group,

               —

               members of the group shall remain in office until such time as they resign, are replaced or their mandate ends,

               —

               members who are no longer able to contribute effectively to the group’s deliberations, who resign or who do not respect the conditions set up in the first point of this Article or Article 287 of the Treaty establishing the European Community may be replaced for the remaining period of their mandate,

               —

               the names of members appointed individually are published on the Internet site of DG Enterprise and Industry and/or in the Official Journal of the European Union, series C. The names of members are collected, processed and published in accordance with the provision of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regards to processing of personal data by the Community institutions and bodies and on the free movement of such data (2).

         Article 4
   Operation
   1.   The group is chaired by the Commission.
   2.   The ‘sherpa’ sub-group will prepare the discussions, position papers and advice for actions and/or policy measures to be endorsed by the group; it will work in close contact with the Commission services.
   3.   The group will seek input from experts and stakeholders through ad hoc arrangements, and may set up a limited number of ad hoc groups to examine specific questions under the terms of reference established by the group; the ad hoc groups shall be disbanded as soon as these have been fulfilled.
   4.   The Commission may ask experts or observers with specific competence on a subject on the agenda to participate in the group or ad hoc groups’ deliberations if this is useful and/or necessary.
   5.   Confidential information obtained by participating in the group or ad hoc groups’ deliberations process should not be divulged.
   6.   The group, the ‘sherpa’ sub-group and the ad hoc groups normally meet on Commission’s premises in accordance with the procedures and schedule established by it. The Commission provides secretarial services.
   7.   The group will decide on the items to be included on the agenda for discussion.
   8.   The Commission may publish, in the original language of the document concerned, any résumé, conclusions, or partial conclusion or working document of the group.
   Article 5
   Meeting expenses
   The Commission shall reimburse travel and subsistence expenses for members, ‘sherpas’, experts and observers in connection with the group’s activities in accordance with the provisions in force at the Commission. The members of the group, ‘sherpa’ sub-group and ad hoc groups shall not be paid for their duties.
   Meeting expenses are reimbursed within the limits of the appropriations allocated to the department concerned under the annual procedures for allocating resources.
   Article 6
   Entry into force
   The decision shall take effect on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 23 December 2005.

            For the Commission

         Günter VERHEUGEN

            Vice-President

      (1)  COM(2005) 474 final of 5.10.2005.

      (2)  OJ L 8, 12.1.2001, p. 1.


title: Commission Decision of 20 December 2006 on appointment of members of the Standards Advice Review Group created by the Commission Decision 2006/505/EC of 14 July 2006 setting up a Standards Advice Review Group to advise the Commission on the objectivity and neutrality of the European Financial Reporting Advisory Group's (EFRAG's) opinions

text:
               6.2.2007

               EN

               Official Journal of the European Union

               L 32/181

      COMMISSION DECISION

   of 20 December 2006
   on appointment of members of the Standards Advice Review Group created by the Commission Decision 2006/505/EC of 14 July 2006 setting up a Standards Advice Review Group to advise the Commission on the objectivity and neutrality of the European Financial Reporting Advisory Group's (EFRAG's) opinions
   (2007/73/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Commission Decision 2006/505/EC of 14 July 2006 setting up a Standards Advice Review Group to advise the Commission on the objectivity and neutrality of the European Financial Reporting Advisory Group's (EFRAG's) opinions (1), and in particular Article 3 thereof,
   Whereas:
   According to Article 3 of the Decision 2006/505/EC, the Commission shall appoint a maximum of seven members of the Standards Advice Review Group from independent experts whose experience and competence in the accounting area, in particular in financial reporting issues, are widely recognised at Community level,
   HAS DECIDED AS FOLLOWS:
   Article 1
   The Commission herewith appoints 7 members of the Standards Advice Review Group, whose names are reproduced in the Annex.
   Article 2
   The decision shall take effect on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 20 December 2006.

            For the Commission

         Charlie McCREEVY

            Member of the Commission

      (1)  OJ L 199, 21.7.2006, p. 33.

      ANNEX
      LIST OF MEMBERS
      Josef JÍLEK
      Elisabeth KNORR
      Carlos Soria SENDRA
      Hervé STOLOWY
      Enrico LAGHI
      Jan KLAASEN
      Geoffrey MITCHELL


title: Decision (EU) 2016/1584 of the European Parliament of 28 April 2016 on the closure of the accounts of the Clean Sky Joint Undertaking for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/394

         DECISION (EU) 2016/1584 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on the closure of the accounts of the Clean Sky Joint Undertaking for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Clean Sky Joint Undertaking for the financial year 2014,

               —

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

               —

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

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Joint Undertaking in respect of the implementation of the budget for the financial year 2014 (05587/2016 – C8-0054/2016),

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 209 thereof,

               —

               having regard to Council Regulation (EC) No 71/2008 of 20 December 2007 setting up the Clean Sky Joint Undertaking (4),

               —

               having regard to Council Regulation (EU) No 558/2014 of 6 May 2014 establishing the Clean Sky 2 Joint Undertaking (5), and in particular Article 1(2) and Article 12 thereof,

               —

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

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A8-0094/2016),

               1.

               Approves the closure of the accounts of the Clean Sky Joint Undertaking for the financial year 2014;

               2.

               Instructs its President to forward this decision to the Executive Director of the Clean Sky 2 Joint Undertaking, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 422, 17.12.2015, p. 17.

      (2)  OJ C 422, 17.12.2015, p. 19.

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

      (4)  OJ L 30, 4.2.2008, p. 1.

      (5)  OJ L 169, 7.6.2014, p. 77.

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

      (7)  OJ L 38, 7.2.2014, p. 2.


title: Council Decision (EU) 2015/945 of 15 June 2015 appointing a German alternate member of the Committee of the Regions

text:
               19.6.2015

               EN

               Official Journal of the European Union

               L 154/12

         COUNCIL DECISION (EU) 2015/945
   of 15 June 2015
   appointing a German alternate member of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the German Government,
   Whereas:

               (1)

               On 26 January and on 5 February 2015, the Council adopted Decisions (EU) 2015/116 (1) and (EU) 2015/190 (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Helma OROSZ,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as alternate member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Mr Marcel PHILIPP, Oberbürgermeister der Stadt Aachen.

         Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 15 June 2015.

            For the Council

            The President

         K. GERHARDS

      (1)  OJ L 20, 27.1.2015, p. 42.

      (2)  OJ L 31, 7.2.2015, p. 25.


Avis juridique important

|

31992D0287

92/287/ECSC: Commission Decision of 27 February 1992 concerning the conclusion on behalf of the European Coal and Steel Community of the Interim Agreement between the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Poland, of the other part, on trade and trade-related matters

Official Journal L 151 , 03/06/1992 P. 0023 - 0023

COMMISSION DECISION  of 27 February 1992  concerning the conclusion on behalf of the European Coal and Steel Community of the Interim Agreement between the European Economic Community and the European Coal and Steel Community, of the one part, and  the Republic of Poland, of the other part, on trade and trade-related matters  (92/287/ECSC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 95 (1) thereof,  Whereas, pending the entry into force of the European Agreement signed in Brussels on 16 December 1991, it is necessary to approve the Interim Agreement between the European Economic Community and the European Coal and Steel Community, of the one part,  and the Republic of Poland, of the other part, on trade and trade-related matters signed in Brussels on 16 December 1991;  Whereas the conclusion of the Interim Agreement is necessary to attain the objectives of the Community set out, in particular, in Articles 2 and 3 of the Treaty establishing the European Coal and Steel Community, and whereas the Treaty did not make  provision for all the cases covered by this Decision;  Having consulted the Consultative Committee and with the unanimous assent of the Council,  HAS DECIDED AS FOLLOWS:  Article 1  The Interim Agreement between the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Poland, of the other part, on trade and trade-related matters together with the Protocols, exchanges  of letters and declarations, are hereby approved on behalf of the European Coal and Steel Community.  These texts are annexed to this Decision (1).  Article 2  The President of the Commission shall carry out the notification procedure provided for in Article 49 of the Interim Agreement on behalf of the European Coal and Steel Community. Done at Brussels, 27 February 1992. For the Commission  Frans ANDRIESSEN  Vice-President   (1) OJ No L 114, 30. 4. 1992.


title: Decision (EU) 2017/1705 of the European Parliament of 27 April 2017 on discharge in respect of the implementation of the budget of the European Agency for Safety and Health at Work for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/295

         DECISION (EU) 2017/1705 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on discharge in respect of the implementation of the budget of the European Agency for Safety and Health at Work for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

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

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Agency for Safety and Health at Work for the financial year 2015, together with the Agency's reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

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

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

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

               —

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

               —

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

               —

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

               1.

               Grants the Director of the European Agency for Safety and Health at Work discharge in respect of the implementation of the Agency's budget for the financial year 2015;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Director of the European Agency for Safety and Health at Work, 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

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

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

      (2)  See footnote 1.

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

      (4)  OJ L 216, 20.8.1994, p. 1.

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


title: 2006/55/EC: Council Decision of  30 January 2006  on the principles, priorities and conditions contained in the European Partnership with Bosnia and Herzegovina and repealing Decision 2004/515/EC

text:
               7.2.2006

               EN

               Official Journal of the European Union

               L 35/19

      COUNCIL DECISION

   of 30 January 2006
   on the principles, priorities and conditions contained in the European Partnership with Bosnia and Herzegovina and repealing Decision 2004/515/EC
   (2006/55/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 533/2004 of 22 March 2004 on the establishment of European Partnerships in the framework of the stabilisation and association process (1) and in particular to Article 2 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Thessaloniki European Council of 19 and 20 June 2003 endorsed the introduction of the European Partnerships as a means to materialise the European perspective of the western Balkan countries within the framework of the stabilisation and association process.

               (2)

               Regulation (EC) No 533/2004 provides that the Council is to decide on the principles, priorities and conditions to be contained in the European Partnerships, as well as any subsequent adjustments.

               (3)

               The Council adopted on 14 June 2004 a first European Partnership with Bosnia and Herzegovina (2). It is appropriate to update this Partnership in order to identify renewed priorities for further work, on the basis of the findings of the 2005 Progress Report on Bosnia and Herzegovina's preparations for further integration with the European Union.

               (4)

               Regulation (EC) No 533/2004 stated that the follow-up to the European Partnerships will be ensured within the framework of the mechanisms established under the stabilisation and association process.

               (5)

               In order to prepare for further integration with the European Union, Bosnia and Herzegovina is expected to develop a plan with a timetable and specific measures to address the priorities of this European Partnership.

               (6)

               Decision 2004/515/EC should therefore be repealed,

         HAS DECIDED AS FOLLOWS:
   Article 1
   In accordance with Article 1 of Regulation (EC) No 533/2004, the principles, priorities and conditions in the European Partnership with Bosnia and Herzegovina are set out in the Annex hereto, which forms an integral part of this Decision.
   Article 2
   The implementation of the European Partnership shall be examined through the framework of the mechanisms established under the stabilisation and association process, notably the annual Progress Reports presented by the Commission.
   Article 3
   Decision 2004/515/EC shall be repealed.
   Article 4
   This Decision shall take effect on the third day following its publication in the Official Journal of the European Union.

      Done at Brussels, 30 January 2006.

            For the Council

            The President

         U. PLASSNIK

      (1)  OJ L 86, 24.3.2004, p. 1.

      (2)  Council Decision 2004/515/EC of 14 June 2004 on the principles, priorities and conditions contained in the European Partnership with Bosnia and Herzegovina (OJ L 221, 22.6.2004, p. 10).

      ANNEX
      BOSNIA AND HERZEGOVINA: 2005 EUROPEAN PARTNERSHIP
      1.   INTRODUCTION
      The Thessaloniki European Council endorsed the introduction of the European Partnerships as a means to materialise the European perspective of the western Balkan countries within the framework of the stabilisation and association process.
      The first European Partnership with Bosnia and Herzegovina was adopted by the Council on 14 June 2004. It is appropriate to update this first partnership on the basis of the findings of the 2005 Commission's Progress Report on Bosnia and Herzegovina. The second European Partnership identifies new priorities for action. The new priorities are adapted to the country's specific needs and stage of preparation and will be updated as necessary. The European Partnership also provides guidance for financial assistance to the country.
      Bosnia and Herzegovina is expected to develop a plan including a timetable and specific measures to address the European Partnership priorities.
      2.   PRINCIPLES
      The stabilisation and association process remains the framework for the European course of the western Balkan countries, all the way to their future accession.
      The main priorities identified for Bosnia and Herzegovina relate to its capacity to meet the criteria defined by the Copenhagen European Council of 1993 and the conditions set for the stabilisation and association process, notably the conditions defined by the Council in its conclusions of 29 April 1997 and 21 and 22 June 1999, the content of the final declaration of the Zagreb Summit of 24 November 2000 and the Thessaloniki Agenda.
      3.   PRIORITIES
      The priorities listed in this European Partnership have been selected on the basis that it is realistic to expect that Bosnia and Herzegovina can complete them or take them substantially forward over the next few years. A distinction is made between short-term priorities, which are expected to be accomplished within one to two years, and medium-term priorities, which are expected to be accomplished within three to four years. The priorities concern both legislation and the implementation thereof.
      Taking into account the substantial costs involved with meeting all the EU requirements as well as the complexity of these requirements in certain areas, this partnership does not include all important tasks at this stage. Future partnerships will include further priorities in line with progress made by the country.
      Among the short-term priorities, the key priorities have been identified and grouped together at the beginning of section 3.1. The order of these key priorities does not imply a ranking in their importance.
      3.1.   SHORT-TERM PRIORITIES

            Key priorities

                  —

                  Fully cooperate with the International Criminal Tribunal for the former Yugoslavia (ICTY) in apprehending all ICTY indictees at large.

                  —

                  Fully implement the Agreement on Police Restructuring of October 2005. In this framework, establish the Directorate for the Implementation of Police Restructuring by December 2005 and adopt an action plan for the reform implementation in compliance with the principles outlined by the Commission within the timelines set by the agreement.

                  —

                  Adopt all the necessary public broadcasting legislation at State and entity level and start its implementation.

                  —

                  Ensure that all State-level ministries and institutions are adequately financed, operational and properly equipped, namely in terms of premises and staff.

                  —

                  Adopt and start implementing a comprehensive action plan for public administration reform, taking into account the results of the public administration functional and sectoral reviews.

                  —

                  Ensure the existence of a real internal market in Bosnia and Herzegovina.

            Political requirements

      Democracy and the rule of law
      Governance

                  —

                  Take steps to provide Bosnia and Herzegovina's Parliamentary Assembly with sufficient technical resources and personnel.

                  —

                  Further improve and strengthen State-entity coordination by establishing regular and institutionalised mechanisms for coordination between the State and the Entities.

                  —

                  Ensure proper follow-up to the reports issued by Bosnia and Herzegovina's Supreme Audit Institutions and take appropriate measures against those responsible for irregularities.

            Elections

                  —

                  Assume full organisational and financial responsibility for the 2006 Parliamentary and Presidential elections.

                  —

                  Amend electoral legislation regarding the Bosnia and Herzegovina Presidency members and the House of Peoples delegates, to ensure full compliance with the European Convention on Human Rights and the Council of Europe post-accession commitments.

                  —

                  Provide the necessary staff for the Audit Department of the Electoral Commission.

            Public administration

                  —

                  Provide the Public Administration Coordinator's Office with the necessary human and material resources to carry out its work.

                  —

                  Take measures to ensure the proper functioning of the Civil Service agencies and develop and implement efficient recruitment procedures; ensure prompt appointment of civil servants, in particular at State level, following successful civil service procedure.

                  —

                  Implement the training programme for public administration adopted in May 2005.

                  —

                  Adopt the new legislation on the State ombudsman and ensure the merger of the State and entity ombudsmen.

            Judicial system

                  —

                  Ensure full responsibility for the State Court, the Prosecutor's Office and the High Judicial and Prosecutorial Council in terms of finance, administration and personnel; ensure their proper functioning.

                  —

                  Make progress in dealing with the backlog of cases before the courts.

                  —

                  Develop an efficient system for addressing juvenile delinquency.

            Anti-corruption policy

                  —

                  Prepare a detailed action plan against corruption on the basis of the national anti-corruption strategy.

                  —

                  Harmonise anti-corruption legislation within Bosnia and Herzegovina.

                  —

                  Ensure effective implementation of the law on conflicts of interest.

            Human rights and the protection of minorities

                  —

                  Abolish references to the death penalty in the Republika Srpska Constitution.

                  —

                  Implement the international conventions ratified by Bosnia and Herzegovina, including reporting requirements.

                  —

                  Ensure that the Human Rights Commission within the Constitutional Court addresses all unresolved human rights cases.

                  —

                  Further improve the legal framework on minorities so that it fully meets the requirements of the Council of Europe Framework Convention on National Minorities, and ensure its implementation throughout Bosnia and Herzegovina.

                  —

                  Establish the Council of National Minorities and the corresponding bodies at entity level.

                  —

                  Develop and start implementing the sectoral Action Plans of the national strategy for Roma as part of a comprehensive strategy of poverty alleviation.

            Regional issues and international obligations

                  —

                  Continue to improve regional cooperation and ensure good-neighbourly relations, with a view, inter alia, to promoting reconciliation.

                  —

                  Contribute to ensuring a solution of the outstanding border issues with Croatia and Serbia and Montenegro.

                  —

                  Improve significantly the implementation of bilateral Free Trade Agreements and work towards the future regional Free Trade Agreement in south-east Europe.

                  —

                  Conclude and implement agreements with neighbouring countries, notably on cross border cooperation, the fight against organised crime, trafficking and smuggling, judicial cooperation, border management, readmission, environment, transport and energy.

                  —

                  Ensure that the Refugee Return fund is properly funded and fully operational. Contribute to ensuring the implementation of the Sarajevo Declaration. Complete the process of returnee/refugee return and achieve significant progress towards their economic and social integration.

                  —

                  Address all outstanding Council of Europe post-accession requirements, in particular in the areas of education and elections.

            Economic Requirements

                  —

                  Pursue policies conducive to a stable macro-economic environment and pay particular attention to credit growth in the context of the currency board arrangement.

                  —

                  Implement the State framework law and entities laws on business registration.

                  —

                  Support the work of the Fiscal Sustainability Working Group with the overall aim to reduce real public expenditure.

                  —

                  Finalise the reconciliation of domestic claims and adopt the State level law on internal debt to guide payments on all domestic claims.

                  —

                  Adopt the law on the National Fiscal Council and establish procedures for its efficient functioning.

                  —

                  Reform and reduce the rigidity of the wage setting system, in particular in the public sector.

                  —

                  Design and implement a blueprint for institutionalisation of the Economic Policy Planning Unit.

                  —

                  Make substantive progress on corporate governance, inter alia by accelerating the process of privatisation and restructuring of Private Investment Funds.

                  —

                  Enact and start to implement the law for financial restructuring.

                  —

                  Ensure proper functioning of the commercial courts and develop the functioning of courts in handling and processing bankruptcy procedures.

            European standards

      Internal market
      Free movement of goods

                  —

                  Implement current legislation in the areas of standards, certification, metrology, accreditation and conformity assessment; establish the institutions provided for by this legislation and equip/staff them so that they can implement their tasks. Continue efforts to align rules and regulations in these areas with the acquis, in particular to create conditions favourable to trade.

                  —

                  Establish an internal consultation and notification mechanism of new technical regulations prior to their adoption on measures having an impact on trade.

                  —

                  Ensure continued progress in adopting European standards.

                  —

                  Establish the Market Surveillance Agency and ensure its capacity to fulfil its tasks. Continue taking steps towards the establishment of a market surveillance structure responding to the requirements of the acquis on free movement of goods.

            Movement of persons, services and right of establishment

                  —

                  Set up the Insurance Agency of Bosnia and Herzegovina and ensure that it becomes fully operational.

                  —

                  Bring banking supervision to the State level and ensure effective functioning of the supervisory authority.

                  —

                  Ensure the adoption of a State-level law on higher education paving the way to the implementation of the main elements of the Bologna process and the Lisbon Recognition Convention.

            Customs and taxation

                  —

                  Further align customs legislation and procedures to the acquis.

                  —

                  Ensure that the legal framework for free zones is compatible with EU standards and guarantee the adequate supervision of free zones.

                  —

                  Take all necessary steps to properly implement rules of origin.

                  —

                  Implement customs valuation rules in accordance with international standards and practices.

                  —

                  Increase the administrative capacity to implement customs legislation, and to fight against corruption, cross-border crime and fiscal evasion.

                  —

                  Ensure the adequate functioning of the Indirect Taxation Authority.

                  —

                  Fully implement and enforce the VAT law, and further approximate tax legislation with the acquis.

                  —

                  Commit to the principles of the Code of Conduct for Business Taxation and ensure that new tax measures are in conformity with these principles.

            Competition

                  —

                  Enhance the capacity of the Competition Council in order that it is able to fully implement its tasks as regards the enforcement of the relevant rules and the advocacy of competition policy.

                  —

                  Adopt the necessary legislation on competition and State aid, and align the already existing legislation with EU competition and State aid rules.

            Public procurement

                  —

                  Ensure proper implementation of public procurement legislation, including establishment, staffing and budgetary allocation of the Public Procurement Agency and Public Procurement Review Body.

            Intellectual property law

                  —

                  Implement and enforce the current legal framework, most notably by ensuring the proper functioning of the Institute for Intellectual Property.

            Statistics

                  —

                  Adopt and start implementation of the Agreement between the entities in the statistical system on the improvement of the work of a central statistical agency in Bosnia and Herzegovina.

            Sectoral policies
      Industry and SME

                  —

                  Adopt without further delay the currently proposed State-level SME strategy and start implementation of the prioritised actions.

                  —

                  Develop a sound and comprehensive industrial policy.

            Agriculture and fisheries

                  —

                  Develop a comprehensive agricultural strategy at State level based on the Functional Review Recommendations of November 2004 and provide a legal framework for its implementation.

                  —

                  Continue with the alignment of legislation on the EU veterinary and phytosanitary acquis.

                  —

                  Establish and make operational the State Food Safety Agency. Make operational the Phytosanitary Agency.

                  —

                  Enhance laboratories and inspection capacity in the veterinary and phytosanitary sectors, establish a reference laboratory and develop sampling procedures in conformity to EU requirements.

                  —

                  Complete the EU-conform animal identification and registration of bovines.

                  —

                  Reinforce the collection and processing of agriculture statistics in line with EU standards and methodology.

            Environment

                  —

                  Adopt a State environmental law to create the framework for nationwide harmonised environmental protection.

                  —

                  Establish and ensure the proper functioning of the State Environment Agency.

            Energy

                  —

                  Start implementing the commitments undertaken in the framework of the Energy Community Treaty.

                  —

                  Develop and adopt a comprehensive Energy Strategy; pursue reforms and liberalisation of the energy sector.

                  —

                  Ensure that the Independent System Operator and the Transmission Company become rapidly fully operational, each as a single State-level company.

            Transport policy

                  —

                  Implement the State law on railways.

                  —

                  Continue to align aviation legislation with the acquis in view of the European Common Aviation Area.

            Information society and media

                  —

                  Adopt the Law on the Information Society Agency and establish this Agency.

                  —

                  Further liberalise the telecommunication markets and ensure the effective implementation of the existing legislation by the regulatory authority to encourage competition.

                  —

                  Further strengthen the role and administrative capacity of the regulatory authority.

            Financial control

                  —

                  Develop a public internal financial control strategy.

            Justice, freedom and security
      Visa, border control, asylum and migration

                  —

                  Provide adequate staffing to the asylum and migration sectors within the Ministry of Security.

                  —

                  Implement the 2003 law on movement and stay of aliens. Ensure that any amendments to this law are in line with the acquis and international standards, and that they represent an added value to the existing regulations.

                  —

                  Further reduce the number of visas issued at the border.

                  —

                  Implement all international and regional obligations in the field of border management.

            Money laundering

                  —

                  Fully staff the Financial Intelligence Unit (FIU).

                  —

                  Further enhance co-operation between the FIU and the Criminal Investigation Department of the State Investigation and Protection Agency.

                  —

                  Ensure adequate implementation and enforcement of legislation against money laundering and further improve this legislation.

                  —

                  Adhere to relevant international conventions.

            Drugs

                  —

                  Develop a State-level drug policy in conformity with EU standards.

                  —

                  Adopt the law on the prevention of narcotics abuse and their precursors.

            Police

                  —

                  Further strengthen the State Investigation and Protection Agency, notably by completing the recruitment of the totality of its staff.

            Fighting organised crime and terrorism

                  —

                  Ensure the proper implementation of the national action plan for combating trafficking of human beings.

                  —

                  Take additional measures for the protection of victims of trafficking and for the adequate implementation of the witness protection legislation.

                  —

                  Enhance the State Investigation and Protection Agency capacity in the area of fight against terrorism; reinforce international cooperation in this area, including by the proper implementation of international conventions.

                  —

                  Adopt the law on the personal data protection and establish the Data Protection Agency.

            3.2.   MEDIUM-TERM PRIORITIES

            Political requirements

         Governance

                  —

                  Ensure continued progress in taking full national responsibility for policy formulation and decision-making.

         Public administration

                  —

                  Implement the comprehensive Action Plan for public administration reform.

                  —

                  Build training capacity for civil servants within Bosnia and Herzegovina and continue improving policy-making and coordination capacities.

                  —

                  Increase the capacity for progressive legal harmonisation with the acquis and further expand Bosnia and Herzegovina's role in assistance programming and implementation, with the aim of preparing for the decentralisation of Community assistance.

         Police reform

                  —

                  Implement the action plan for the police restructuring.

         Judicial system

                  —

                  Ensure adequate training of the judiciary, in particular as regards human rights legislation and issues related to the implementation of a future Stabilisation and Association Agreement.

                  —

                  Guarantee that all courts have the necessary technical equipment and financial means to impart justice efficiently and properly.

         Anti-corruption policy

                  —

                  Implement the action plan against corruption and the Council of Europe's Group of States against Corruption (GRECO) recommendations.

                  —

                  Ensure that international conventions on corruption are properly implemented and that corruption is actually reduced.

         Human rights and the protection of minorities

                  —

                  Ensure full compatibility of national legislation with the European Convention on Human Rights.

                  —

                  Ensure the protection of minorities in accordance with EU and international standards.

                  —

                  Implement the national strategy for Roma and its sectoral action plans.

            Economic Requirements

                  —

                  Ensure the continuation of macro-economic stability and work towards enhancing the sustainability of external accounts.

                  —

                  Further work towards reducing public expenditure as a percentage of GDP.

                  —

                  Continue to improve the business climate and corporate governance and pursue the restructuring of the corporate sector, including public utilities.

                  —

                  Continue to strengthen the coordination of fiscal and economic policies.

                  —

                  Ensure the adequate functioning of the Economic Policy Planning Unit of the Indirect Taxation Agency.

                  —

                  Produce comprehensive consolidated government accounts.

                  —

                  Strengthen the procedures for budget preparations, execution and accountability.

                  —

                  Implement policies aiming at reducing unemployment, in particular long-term unemployment.

                  —

                  Improve the coordination of employment agencies across the country and make efforts to reduce labour market fragmentation.

                  —

                  Step up efforts to improve the education system, including primary education, and to create a modern vocational education and training system. Address the problem of fragmentation of the educational system and the overlap of functions between different levels of organisation. Strengthen policy development and strategic planning to improve quality of education.

                  —

                  Continue the necessary reforms to comply with WTO rules and obligations, in order to accelerate the WTO accession process.

            European standards

      Internal market and trade
      Free movement of goods

                  —

                  Continue the alignment of legislation in the areas of standards, certification, metrology, accreditation and conformity assessment with the acquis, and the transposition of new and global approach and old approach directives.

            Customs and taxation

                  —

                  Ensure continued approximation of customs and taxation legislation to the acquis, and further increase the administrative capacity to implement this legislation, and to fight against corruption, cross-border crime and fiscal evasion.

                  —

                  Improve transparency and exchange of information with the EU in order to facilitate the enforcement of measures preventing the avoidance or evasion of taxes.

            Competition

                  —

                  Implement state aid legislation.

                  —

                  Present a comprehensive State aid inventory.

            Public procurement

                  —

                  Ensure that Bosnia and Herzegovina's public procurement legal framework is compatible with the acquis and that public procurement procedures are properly implemented.

            Statistics

                  —

                  Develop reliable economic statistics and build up institutional capacity to produce and publish basic statistical data harmonised with European standards, in particular in the areas of national accounts, labour statistics and business statistics.

            Sectoral policies
      Industry and SME

                  —

                  Implement the SME strategy.

                  —

                  Ensure the implementation of the industrial policy.

                  —

                  Start designing and applying an integrated research policy.

            Agriculture and fisheries

                  —

                  Implement the comprehensive agricultural strategy at State level.

                  —

                  Start action in view of identification of sheep and goats and registration of their movements.

                  —

                  Prepare a programme for upgrading food processing establishments to meet EU requirements.

                  —

                  Start actions in view to ensure an efficient control of domestic plant production in particular for products with EU specific requirements.

            Environment

                  —

                  Continue strengthening administrative capacity of the institutions involved in environmental protection, in particular at State-level, and ensuring the implementation of the already transposed legislation.

                  —

                  Ensure that a functioning environmental monitoring system is in place.

            Transport policy

                  —

                  Continue the restructuring and liberalisation of the railway sector.

                  —

                  Ensure progressive approximation of legislation to the transport acquis, notably as regards technical and safety standards, social standards and market liberalisation.

                  —

                  Implement the Memorandum of Understanding of the south-east Europe Core Regional Transport Network including the Transport Observatory.

            Energy

                  —

                  Implement the entities' action plans for the restructuring of the energy sector.

                  —

                  Consolidate the State and Entity Energy Regulators.

                  —

                  Take steps to achieve concrete progress in relation to the gas sector, inter alia by developing a gas strategy, establishing a system operator and regulator and developing the internal gas market.

            Information society and media

                  —

                  Implement public broadcasting legislation and complete the structural reform of the public broadcasting sector.

                  —

                  Align legislation to the EU regulatory framework for electronic communications and services and ensure its implementation.

                  —

                  Align with the European Convention on Trans-frontier Television and the Television without Frontiers Directive.

            Financial control

                  —

                  Develop and implement the principles of decentralised managerial accountability and functionally independent internal audit in accordance with the internationally accepted standards and EU best practice.

                  —

                  Strengthen the operational capacity and functional as well as financial independence of the Supreme Audit Institution.

                  —

                  Develop procedures and administrative capacities to ensure effective protection of EU financial interests.

            Justice, freedom and security
      Visa, border control, asylum and migration

                  —

                  Fully implement the Integrated Border Management strategy and achieve effective border management.

                  —

                  Assume full ownership regarding the functioning of the reception centres.

            Money laundering

                  —

                  Ensure continued improvement of the enforcement record regarding money laundering.

            Drugs

                  —

                  Ensure that law enforcement bodies are properly equipped to fight against drugs trafficking and further improve inter-agency and international cooperation; achieve tangible results in this area.

                  —

                  Establish a State-level office for narcotics.

            Fighting organised crime and terrorism

                  —

                  Ensure full implementation of all measures included in the action plan against organised crime.

            4.   PROGRAMMING
      Community assistance under the stabilisation and association process to the western Balkan countries will be provided under the existing financial instruments, in particular by Council Regulation (EC) No 2666/2000 of5 December 2000 on assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia (1). Accordingly, this Decision will have no financial implications. Bosnia-Herzegovina can have access to funding from multi-country and horizontal programmes.
      5.   CONDITIONALITY
      Community assistance under the stabilisation and association process to the western Balkan countries is conditional on further progress in satisfying the Copenhagen criteria as well as progress in meeting the specific priorities of this European Partnership. Failure to respect these conditions could lead the Council to take appropriate measures on the basis of Article 5 of Regulation (EC) No 2666/2000 Community assistance shall also be subject to the conditions defined by the Council in its conclusions of 29 April 1997, and 21 to 22 June 1999 in particular as regards the recipients' undertaking to carry out democratic, economic and institutional reforms.
      6.   MONITORING
      The implementation of the European Partnership shall be examined through the framework of the mechanisms established under the stabilisation and association process, notably the annual reports of the Commission.

         (1)  OJ L 306, 7.12.2000, p. 1. Regulation as last amended by Regulation (EC) No 2112/2005 (OJ L 344, 27.12.2005, p. 23).


title: Council Decision of 30 January 1974 replacing a member of the Advisory Committee of the Euratom Supply Agency

text:
5 . 3 . 74                                 Official Journal of the European Communities                           No L 63 / 15
                                                                    II
                                              (Acts whose publication is not obligatory)
                                                          COUNCIL
                                                       COUNCIL DECISION
                                                         of 30 January 1974
               replacing a member of the Advisory Committee of the Euratom Supply Agency
                                                           (74/ 1 19/ Euratom)
THE COUNCIL OF THE EUROPEAN                                              in place of Dr G. Preston , who has resigned, for the
COMMUNITIES,                                                             remainder of the latter's term of office, which runs
                                                                         until 31 December 1974 .
Having regard to the Statutes of the Euratom Supply
Agency ('), as amended by the Council Decision of 8
March 1973 (2 ), and in particular Article X of these
Statutes ;
                                                                                Article 2
Having regard to the Council Decision of 6
November 1973 appointing members representing
Denmark, Ireland and the United Kingdom to the
Advisory Committee of the Euratom Supply Agency ;                        This appointment shall take effect on the date on
                                                                         which the Council receives acceptance thereof.
Having regard to the Opinion of the Commission ;
Whereas a seat has become vacant on the Advisory
Committee of the Euratom Supply Agency following
the resignation of Dr G. Preston , and whereas the
United Kingdom Government has proposed that he
be replaced by Mr R. W. Nichols,                                         Done at Brussels, 30 January 1974.
HAS DECIDED AS FOLLOWS
                                                                                For the Council
                           Article I
                                                                                The President
Mr R. W. Nichols is hereby appointed member of the
Advisory Committee of the Euratom Supply Agency                                                        W. SCHEEL
(') OJ No 27, 6 . 12 . 1958 , p . 534/ 58 .
(2 ) OJ No L 83 , 30 . 3 . 1973 , p . 20 .


title: 2004/492/EC:Council Decision of 5 May 2004 appointing Members of the Commission of the European Communities

text:
               15.5.2004

               EN

               Official Journal of the European Union

               L 180/29

      COUNCIL DECISION

   of 5 May 2004
   appointing Members of the Commission of the European Communities
   (2004/492/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, and in particular Article 45(2)(a) and (b) thereof,
   By common accord with the President of the Commission,
   Whereas:

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following are hereby appointed Members of the Commission for the period from 1 May 2004 to 31 October 2004:

               Mr Pavel TELIČKA

               Mr Siim KALLAS

               Mr Marcos KYPRIANOU

               Ms Sandra KALNIETE

               Ms Dalia GRYBAUSKAITÉ

               Mr Péter BALÁZS

               Mr Joe BORG

               Ms Danuta HÜBNER

               Mr Janez POTOČNIK

               Mr Jan FIGEĽ

         Article 2
   This Decision shall take effect on the day of its publication in the Official Journal of the European Union.
   It shall apply as from 1 May 2004.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 5 May 2004.

            For the Council

         B. COWEN

            The President