title: Council Decision 2012/281/CFSP of 29 May 2012 in the framework of the European Security Strategy in support of the Union proposal for an international Code of Conduct on outer-space activities

text:
               30.5.2012

               EN

               Official Journal of the European Union

               L 140/68

         COUNCIL DECISION 2012/281/CFSP
   of 29 May 2012
   in the framework of the European Security Strategy in support of the Union proposal for an international Code of Conduct on outer-space activities
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 26(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               Space activities are expanding and their importance is crucial. Space is a resource for all countries in the world. Those which do not yet have space activities will have them in the future. Therefore the Union considers that strengthening the security of activities in outer space is an important goal that will contribute to the development and security of States. This objective is part of the Union’s space policy.

               (2)

               On 12 December 2003, the European Council adopted a European Security Strategy identifying global challenges and threats, and calling for a rule-based international order based on effective multilateralism and well-functioning international institutions.

               (3)

               The European Security Strategy acknowledges the United Nations Charter as the fundamental framework for international relations and advocates strengthening the United Nations and equipping it to fulfil its responsibilities and to act effectively. The Union works towards a high degree of cooperation in all fields of international relations, in order, inter alia, to preserve peace, prevent conflicts and strengthen international security, in accordance with the purposes and principles of the United Nations Charter.

               (4)

               The Union is committed to the development and implementation of transparency and confidence building measures, as a means to achieve enhanced space security. The Union is also particularly sensitive to the issue of the risks posed by space debris, whatever its origin, which is detrimental to present and future activities.

               (5)

               On 18 September 2007, in its reply to United Nation General Assembly resolution 61/75 of 6 December 2006, the Union underlined that voluntary ‘rules of the road’ on outer-space activities endorsing best practices between space actors would serve that objective.

               (6)

               In its Conclusions of 8-9 December 2008, the Council supported the first draft for an international Code of Conduct for outer-space activities, in which States would participate on a voluntary basis, and which included transparency and confidence-building measures, as a basis for consultations with key third countries that have activities in outer space or have interests in outer space activities, with the aim of reaching a text that is acceptable to the greatest number of countries.

               (7)

               In the light of consultations with major space-faring nations, the Union has produced a revised version of the draft Code of Conduct, on the basis of which the Council, on 27 September 2010, gave a mandate to the High Representative of the Union for Foreign Affairs and Security Policy to carry out further and wider consultations,

         HAS ADOPTED THIS DECISION:
   Article 1
   To support its proposal for an international Code of Conduct on outer-space activities, the Union shall pursue the following objectives:

               —

               consultations with States, active or not yet active on space issues to discuss the proposal and to gather their views,

               —

               gathering expert support for the process of developing an international Code of Conduct for outer-space activities.

         Article 2
   1.   In this context, the projects to be supported by the Union shall cover the following specific activities:

               (a)

               outreach activities: promotion of the proposal for an international Code of Conduct for outer-space activities;

               (b)

               the organisation of up to three multilateral experts’ meetings to discuss the proposal for an international Code of Conduct;.

               (c)

               the coordination of a consortium of non-governmental experts.

         2.   Those projects and specific activities are described in more detail in the Annex.
   Article 3
   1.   The High Representative of the Union for Foreign Affairs and Security Policy (‘The High Representative’) shall be responsible for the implementation of this Decision.
   2.   The technical implementation of the projects referred to in Article 2 shall be carried out by the United Nations Institute for Disarmament Research (UNIDIR). UNIDIR shall perform these tasks under the responsibility of the High Representative. For this purpose, the High Representative will enter into the necessary arrangements with UNIDIR.
   Article 4
   1.   The financial reference amount for the implementation of the projects referred to in Article 2 shall be EUR 1 490 000.
   2.   The expenditure financed by the amount laid down in paragraph 1 shall be managed in accordance with Union procedures and with the rules applicable to the general Union budget.
   3.   The Commission shall supervise the proper implementation of the Union’s contribution laid down in paragraph 1. For this purpose, it shall conclude a financing agreement with UNIDIR. The agreement shall stipulate that UNIDIR is to ensure that the visibility of the Union contribution is appropriate to its size.
   4.   The Commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in the process and of the date of conclusion of the financing agreement.
   Article 5
   1.   The High Representative shall report to the Council on the implementation of this Decision on the basis of regular reports to be prepared by UNIDIR. These reports shall form the basis for the evaluation by the Council.
   2.   The Commission shall provide information on the financial aspects of the implementation of the projects referred to in Article 2.
   Article 6
   This Decision shall enter into force on the day of its adoption.
   It shall expire 18 months after the date of conclusion of the financing agreement referred to in Article 4(3) or six months after the date of its adoption if no financing agreement has been concluded within this period.

      Done at Brussels, 29 May 2012.

            For the Council

            The President

         N. WAMMEN

      ANNEX TO THE COUNCIL DECISION IN SUPPORT OF THE UNION PROPOSAL FOR AN INTERNATIONAL CODE OF CONDUCT ON OUTER-SPACE ACTIVITIES
      1.   General Framework and Objectives

      Space activities are expanding and their importance is crucial. Space is a resource for all countries in the world. Those which do not yet have space activities will have them in the future. Therefore the Union considers that it is necessary to ensure greater security in outer space and believes that a pragmatic and incremental process can assist in achieving this goal. The Union is committed to the development and implementation of transparency and confidence building measures, as a means to achieve enhanced safety and security in outer space. The Union is also particularly sensitive to the issue of the risks posed by space debris which are detrimental to present and future activities.
      On 18 September 2007, in its reply to the United Nations General Assembly resolution 61/75 of 6 December 2006, the Union underlined that voluntary ‘rules of the road’ on outer-space activities endorsing best practices between space actors would serve this objective.
      In its Conclusions of 8-9 December 2008, the Council of the European Union supported the first draft for an international Code of Conduct for outer-space activities, in which States would participate on a voluntary basis, and which included transparency and confidence-building measures, as a basis for consultations with key third countries that have activities in outer space or have interests in outer-space activities, with the aim of reaching a text that is acceptable to the greatest number of countries. In the light of consultations with major space-faring nations, the Union has produced a revised version of the draft Code of Conduct, on the basis of which the Council of the European Union, on 27 September 2010, gave a mandate to the High Representative of the Union for Foreign Affairs and Security Policy (‘The High Representative’) to carry out further and wider consultations.
      To support the Union proposal for an international Code of Conduct on outer-space activities and to carry out the mandate given to the High Representative, the Union pursues the following objectives:

                  —

                  consultations with as many countries as possible, active or not yet active on space issues to discuss this proposal and gather their views, especially through the organisation of one or several (up to three) multilateral experts meeting(s) to discuss this initiative,

                  —

                  expert support for the process of developing an international Code of Conduct for outer-space activities.

            The Union’s action is guided by the following principles:

                  (a)

                  the recognised importance of building long-term sustainability, predictability and improved security in the outer-space environment;

                  (b)

                  the need to build a common understanding and to identify areas of commonality;

                  (c)

                  the importance of national and regional buy-in into any future international Code of Conduct for outer-space activities.

            2.   Projects

      2.1.   Project 1: Outreach: Promotion of the proposal for an international Code of Conduct on outer-space activities

      2.1.1.   Purpose of the project

      Through the organisation of seminars at regional/sub-regional levels, engaging with potential international Code of Conduct stakeholders to expand upon existing knowledge and understanding of the tenets of the proposed international Code of Conduct.
      2.1.2.   Project results

                  (a)

                  Enhanced awareness, knowledge and understanding of the proposed international Code of Conduct and its continuing development processes.

                  (b)

                  An enhanced climate for political progress.

                  (c)

                  An improved understanding by stakeholders of areas of common agreement on needs for improved space security and agreement on ways forward.

                  (d)

                  Improved coordination between stakeholders.

                  (e)

                  The identification of needs for increased national and regional activities for enhancing the development of an international Code of Conduct for space activities.

            2.1.3.   Project description

                  (a)

                  Up to six regional or sub-regional seminars of up to 30 participants are envisaged, where appropriate in collaboration with international, regional or national organisations, both governmental and non-governmental.

                  (b)

                  Compilation and presentation of results to the Union and other stakeholders as appropriate including by electronic means.

            2.2.   Project 2: Background support to the High Representative in meetings/consultations with States

      2.2.1.   Purpose of the project

                  (a)

                  To provide the Union with expanded information and analysis of the views and direction of potential international Code of Conduct stakeholders.

                  (b)

                  In support/preparation/follow-up of the High Representative’s consultations, organising a coordinated campaign of individual consultations with key stakeholders.

                  (c)

                  Through participation in the High Representative’s consultations, the assessment of comments gathered.

            2.2.2.   Project results

                  (a)

                  Written assessments on how best to engage with potential international Code of Conduct stakeholders.

                  (b)

                  Written assessments of comments gathered and proposals for text revisions.

                  (c)

                  Written contributions in support of the multilateral experts meeting(s).

            2.2.3.   Project description

                  (a)

                  Preparation of a number of supporting documents/background studies in support/preparation/follow-up of the High Representative’s consultations and multilateral experts meeting(s).

                  (b)

                  A coordinated campaign of individual consultations with key stakeholders:

                              —

                              up to 20 individual meetings and briefings,

                              —

                              coordination of input to the process, including electronic means,

                              —

                              the selection of States and organisations for such coordination will be done based on their level of engagement in space security issues, their previous engagement with the international Code of Conduct proposal and their role in facilitating overall diplomatic progress on a regional or international basis.

                  (c)

                  Compilation and presentation of results to the High Representative and other stakeholders as appropriate, including by electronic means.

            2.3.   Project 3: Organisation of up to three multilateral experts meetings to discuss the proposal for an International Code of Conduct

      2.3.1.   Purpose of the project

      To bring together experts to discuss the proposal for an international Code of Conduct.
      2.3.2.   Project results

                  (a)

                  Creation of a discussion forum for the proposal for an international Code of Conduct.

                  (b)

                  Diplomatic progress on advancing discussions on an international Code of Conduct.

            2.3.3.   Project description

      Organisation of up to three multilateral experts meetings of up to 160 participants during the first 16 months of the project.

                  —

                  It is suggested that the first of these meetings could take place in Europe and the second two meetings would take place outside Europe. The decision will be taken by the High Representative, based on proposals submitted by UNIDIR.

                  —

                  Structure, agenda and participation will be decided by the High Representative based on proposals submitted by UNIDIR.

            2.4.   Project 4: Coordination of consortium of non-governmental Experts

      2.4.1.   Purpose of the project

                  (a)

                  To develop a small consortium of up to 10 participants of recognised experts to provide input to the process of the development of an international Code of Conduct.

                  (b)

                  To build online resources for the coordination of that consortium.

                  (c)

                  To provide the necessary outreach resources to support understanding of the Code of Conduct, promotion of the activities and outcomes of projects one and two.

            2.4.2.   Project results

                  (a)

                  Enhanced input of key international, regional and national experts on an international Code of Conduct.

                  (b)

                  Development of a virtual forum for coordination of expert input and discussions.

                  (c)

                  Development of a virtual forum to support the multilateral meetings provided for in project two.

                  (d)

                  Development of the necessary virtual and non-virtual outreach materials.

            2.4.3.   Project description

                  (a)

                  Identification of, coordination of and solicitation for input from appropriate space security experts:

                              —

                              on the basis of proposals submitted by UNIDIR to the High Representative, membership of the consortium will be decided upon by the High Representative.

                  (b)

                  Development of a new virtual forum for coordination of the input of the consortium:

                              —

                              the forum will also be designed to provide a home for resources to support project two.

                  (c)

                  Up to 8 meetings to discuss Code of Conduct-related developments and input from the consortium, including by electronic and video teleconferencing means.

                  (d)

                  Compilation and presentation of results to the High Representative and other stakeholders as appropriate, including by electronic means.

                  (e)

                  Development of outreach tools.

            3.   Procedural aspects and coordination

      The implementation of the projects will be initiated by a steering committee with an objective of determining procedures and detailed arrangements for cooperation. The steering committee shall review the implementation of the projects regularly, at least once every six months, including through the use of electronic and video teleconferencing means.
      The steering committee will be composed of representatives of the High Representative and UNIDIR.
      State and non-State actor engagement with the multilateral experts meetings will be coordinated through UNIDIR.
      On the basis of a proposal submitted by UNIDIR to the steering committee, the location and structural composition of workshops and meetings of this project will be decided upon by the High Representative.
      4.   Reporting and assessment

      UNIDIR shall submit to the High Representative a narrative and financial report at the end of the first year of the project, endeavouring to coincide with United Nations reporting cycles.
      UNIDIR will submit to the High Representative a final report at the completion of the project.
      UNIDIR progress and situation reports, publications, press releases and updates will be communicated to the High Representative and the European Commission as and when they are issued.
      5.   Duration

      The estimated implementation period for this project is 18 months.
      All meeting components are to be concluded three months before the end of the project to allow sufficient time for analyses to be conducted during the implementation period.
      6.   Beneficiaries

      All UN Member States, especially space-faring States.
      Non-governmental stakeholders including civil society and industry.
      7.   Third party representatives

      In order to promote regional responsibility for the international Code of Conduct for space activities, the participation of experts from outside the Union, including those from relevant regional and international organisations, may be funded by this Decision.
      The participation of UNIDIR in all workshops and meetings related to this Decision will be funded.
      8.   Implementing entity

      The technical implementation of this Council Decision will be entrusted to UNIDIR.
      UNIDIR, where appropriate, will work with institutions such as regional organisations, think tanks, NGOs and industry.
      Additional staff will be required to implement this Decision.


title: 2006/910/EC: Council Decision of 4 December 2006 concerning the conclusion of the Agreement between the European Community and the United States of America renewing the cooperation programme in higher education and vocational education and training

text:
               9.12.2006

               EN

               Official Journal of the European Union

               L 346/33

         COUNCIL DECISION
   of 4 December 2006
   concerning the conclusion of the Agreement between the European Community and the United States of America renewing the cooperation programme in higher education and vocational education and training
   (2006/910/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 149 and 150 in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament,
   Whereas:

               (1)

               By its decision of 24 October 2005 the Council authorised the Commission to negotiate with the United States of America an agreement renewing the cooperation programme in higher education and vocational training.

               (2)

               On behalf of the Community, the Commission has negotiated an agreement with the United States of America in accordance with the directives in the Annex to that decision.

               (3)

               The Community and the United States of America expect to obtain mutual benefit from such cooperation, which must, on the Community's side, be complementary to the bilateral programmes between the Member States and the United States of America and provide a European added value.

               (4)

               The Agreement was signed on behalf of the Community on 21 June 2006 subject to its conclusion at a later date.

               (5)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The Agreement between the European Community and the United States of America renewing a programme of cooperation in higher education and vocational education and training is hereby approved on behalf of the Community.
   2.   The text of the Agreement is attached to this Decision.
   Article 2
   The delegation of the European Community to the Joint Committee referred to in Article 6 of the Agreement shall consist of a representative from the Commission assisted by a representative from each Member State.
   Article 3
   The President of the Council is authorised to designate the person empowered to give the notification provided for in Article 12(1) of the Agreement.

      Done at Brussels, 4 December 2006.

            For the Council

            The President

         L. LUHTANEN

    ---documentbreak---

               9.12.2006

               EN

               Official Journal of the European Union

               L 346/34

         AGREEMENT
   between the European Community and the United States of America renewing a programme of cooperation in higher education and vocational education and training
   THE EUROPEAN COMMUNITY,
   of the one part, and
   THE UNITED STATES OF AMERICA,
   of the other part,
   (hereinafter collectively referred to as the Parties),
   NOTING that the Transatlantic Declaration adopted by the European Community and its Member States (hereinafter referred to as the European Community) and the Government of the United States of America (hereinafter referred to as the United States) in November 1990 makes specific reference to strengthening mutual cooperation in various fields which directly affect the present and future well-being of their citizens, such as exchanges and joint projects in education and culture, including academic and youth exchanges;
   NOTING that the new Transatlantic Agenda adopted at the EU-US Summit in December 1995 in Madrid refers under Action IV — Building Bridges Across the Atlantic — to the EC/US Agreement establishing a Cooperation Programme in Education and Vocational Training as a potential catalyst for a broad spectrum of innovative cooperative activities of direct benefit to students and teachers and refers to the introduction of new technologies into classrooms, linking educational establishments in the United States with those in the European Union and encouraging the teaching of each other's languages, history and culture;
   NOTING that the 1997 ‘Bridging the Atlantic: People to People Links’ Transatlantic Conference underlined the potential for cooperation between the European Community and the United States of America in the field of non-formal education;
   NOTING that at the EU-US Summit in June 2005, leaders agreed on an initiative to enhance transatlantic economic integration and growth which identified education cooperation as one of the tools ‘to increase synergies across the Atlantic as we become more knowledge-based economies’ and committed to work to ‘renew and reinforce the US-EU Agreement on Higher Education and Vocational Training, which includes the Fulbright/European Union Programme, to boost education cooperation and transatlantic exchanges between our citizens;’
   CONSIDERING that the adoption and the implementation of the 1995 Agreement Between the European Community and the United States of America Establishing a Cooperation Programme in Higher Education and Vocational Education and Training and the 2000 Agreement Between the European Community and the United States Renewing a Programme of Cooperation in Higher Education and Vocational Education and Training give effect to the commitments of the Transatlantic Declaration and constitute examples of highly successful and cost-effective cooperation;
   ACKNOWLEDGING the crucial contribution of education and training to the development of human resources capable of participating in the global knowledge-based economy;
   RECOGNISING that cooperation in education and vocational training should complement other relevant cooperation initiatives between the European Community and the United States;
   ACKNOWLEDGING the importance of ensuring complementarity with relevant initiatives carried out in the field of higher education and vocational training by international organisations active in these fields such as OECD, UNESCO and the Council of Europe;
   RECOGNISING that the Parties have a common interest in cooperation in higher education and vocational education and training;
   EXPECTING to obtain mutual benefit from cooperative activities in higher education and vocational education and training;
   RECOGNISING the need to widen access to the activities supported under this Agreement, in particular those activities in the vocational education and training sector; and
   DESIRING to establish a formal basis for continued cooperation in higher education and vocational education and training,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Purpose
   This Agreement renews the 2000 Cooperation Programme in Higher Education and Vocational Education and Training (hereinafter referred to as the Programme), originally established under the 1995 Agreement Between the European Community and the United States of America establishing a Cooperation Programme in Higher Education and Vocational Education and Training.
   Article 2
   Definitions
   For the purpose of this Agreement:

               1.

               ‘higher education institution’ means any establishment, according to the applicable laws or practices, which offers qualifications or diplomas at the higher education level, whatever such establishment may be called;

               2.

               ‘vocational education and training institutions’ means any type of public, semi-public or private body, which, irrespective of the designation given to it, in accordance with the applicable laws and practices, designs or undertakes vocational education or training, further vocational training, refresher vocational training or retraining; and

               3.

               ‘students’ means all those persons participating in learning or training courses or programmes which are run by higher education or vocational education and training institutions as defined in this Article.

         Article 3
   Objectives
   1.   The general objectives of the Programme shall be to:

               (a)

               promote mutual understanding between the peoples of the European Community and the United States including broader knowledge of their languages, cultures and institutions; and

               (b)

               improve the quality of human resource development in both the European Community and the United States, including the acquisition of skills required to meet the challenges of the global knowledge-based economy.

         2.   The specific objectives of the Programme shall be to:

               (a)

               enhance collaboration between the European Community and the United States in the domains of higher education and vocational training;

               (b)

               contribute to the development of higher education and vocational training institutions;

               (c)

               contribute to individual participants' personal development for their own sake and as a way to achieve the general objectives of the Programme; and

               (d)

               contribute to transatlantic exchanges between EU and US citizens.

         3.   The operational objectives of the Programme shall be to:

               (a)

               support collaboration between higher education and vocational training institutions with a view to promoting joint study programmes and mobility;

               (b)

               improve the quality of transatlantic student mobility by promoting transparency, mutual recognition of qualifications and periods of study and training, and, where appropriate, portability of credits;

               (c)

               support collaboration between public and private organisations active in the field of higher education and vocational training with a view to encouraging discussion and exchange of experience on policy issues; and

               (d)

               support transatlantic mobility of professionals with a view to improving mutual understanding of issues relevant to EC/US relations.

         Article 4
   Principles
   Cooperation under this Agreement shall be guided by the following principles:

               1.

               full respect for the responsibilities of the Member States of the European Community and the United States of America and the autonomy of higher education and vocational education and training institutions;

               2.

               mutual benefit from activities undertaken through this Agreement;

               3.

               broad participation across the different Member States of the European Community and the United States of America; and

               4.

               recognition of the full cultural, social, and economic diversity of the European Community and the United States of America.

         Article 5
   Programme actions
   The Programme shall be pursued by means of the actions described in the Annex, which forms an integral part of this Agreement.
   Article 6
   Joint Committee
   1.   A Joint Committee is hereby established. It shall comprise an equal number of representatives from each of the Parties.
   2.   The functions of the Joint Committee shall be to:

               (a)

               review the cooperative activities envisaged under this Agreement; and

               (b)

               provide a biannual report to the Parties on the level, status, and effectiveness of cooperative activities undertaken under this Agreement.

         3.   The Joint Committee shall meet every second year or as agreed upon by the Parties, with such meetings being held alternately in the European Community and the United States.
   4.   Decisions of the Joint Committee shall be reached by consensus. Minutes, comprising a record of the decisions and principal points, shall be taken at each meeting. These Minutes shall be approved by those persons selected from each side to chair jointly the meeting, and shall, together with the biannual report, be made available to appropriate Minister-level officials of each Party.
   Article 7
   Monitoring and evaluation
   The Programme shall be monitored and evaluated as appropriate on a cooperative basis. This shall permit, as necessary, the reorientation of activities in light of any needs or opportunities becoming apparent in the course of its operation.
   Article 8
   Funding
   1.   Activities under this Agreement shall be subject to the availability of funds and to the applicable laws and regulations, policies and programmes of the European Community and the United States. Financing will be, to the extent possible, on the basis of an overall matching of funds between the Parties. The Parties shall attempt to offer Programme activities of comparable benefit and scope.
   2.   Costs incurred by or on behalf of the Joint Committee shall be met by the Party to whom the members are responsible. Costs, other than those of travel and subsistence, which are directly associated with meetings of the Joint Committee, shall be met by the host Party.
   Article 9
   Entry of personnel
   Each Party shall use its best efforts to facilitate entry to and exit from its territory of personnel, students, material and equipment of the other Party engaged in or used in cooperative activities under this Agreement.
   Article 10
   Other agreements
   This Agreement shall not replace or otherwise affect other agreements or activities undertaken in the fields covered between any Member State of the European Community and the United States of America.
   Article 11
   Territorial application of this Agreement
   This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the United States.
   Article 12
   Entry into force and termination
   1.   This Agreement shall enter into force on the first day of the month following the date on which the Parties shall have notified each other in writing that their legal requirements for the entry into force of this Agreement have been fulfilled, whichever is the later date. This Agreement replaces the 2000 Agreement Between the European Community and the United States Renewing a Programme of Cooperation in Higher Education and Vocational Education and Training in its entirety.
   2.   This Agreement shall remain in force for eight years and may be extended or amended by mutual written agreement.
   Amendments or extensions shall enter into force on the first day of the month following the date on which the Parties shall have notified each other in writing that their requirements for entry into force of the agreement providing for the amendment or extension in question have been fulfilled.
   3.   This Agreement may be terminated at any time by either Party by providing twelve months' written notice. The expiration or termination of this Agreement shall not affect the validity or duration of any pre-existing arrangements made under it.
   Article 13
   Done at Vienna this twenty-first day of June 2006, in duplicate in the English, Czech, Danish, Dutch, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages, all texts being equally authentic. In the event of discrepancies, the English language shall prevail.

      IN WITNESS WHEREOF the undersigned, being duly authorised, have signed the present Agreement.

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

         Por los Estados Unidos de América
         Za Spojené státy americké
         For Amerikas Forenede Stater
         Für die Vereinigten Staaten von Amerika
         Ameerika Ühendriikide nimel
         Για τις Ηνωμένες Πολιτείες της Αμερικής
         For the United States of America
         Pour les États-Unis d'Amérique
         Per gli Stati Uniti d'America
         Amerikas Savienoto Valstu vārdā
         Jungtinių Amerikos Valstijų vardu
         az Amerikai Egyesült Államok részéről
         Għall-Istati Uniti ta'l-Amerika
         Voor de Verenigde Staten van Amerika
         W imieniu Stanów Zjednoczonych Ameryki
         Pelos Estados Unidos da América
         Za Spojené štáty americké
         Za Združene države Amerike
         Amerikan yhdysvaltojen puolesta
         På Amerikas förenta staters vägnar

   ANNEX
   ACTIONS
   Action 1 — Joint European Community/United States consortia projects

               1.

               The Parties shall provide support to higher education and vocational education and training institutions which form joint EC/US consortia for the purpose of undertaking joint projects in the area of higher education and vocational education and training.

               2.

               Each joint consortium must be formed by a multilateral partnership of EC and US higher education and vocational training institutions.

               3.

               Joint consortia projects should normally involve transatlantic mobility of students in the framework of joint study programmes, with a goal of parity in the flows in each direction, and should foresee adequate language and cultural preparation.

               4.

               Appropriate authorities on each side will jointly agree upon the eligible subject areas for joint EC/US consortia based on priority fields which are key to EC/US cooperation.

         Action 2 — Excellence (follow-up) mobility projects
   The Parties may provide financial support for student mobility to joint consortia of higher education and vocational training institutions that have a proven track record of excellence in the implementation of joint projects funded by the Parties.
   Action 3 — Policy-oriented measures
   The Parties may provide financial support to multilateral projects involving organisations active in the field of higher education and vocational training with a view to enhancing collaboration between the European Community and the United States as regards the development of higher education and vocational training. Policy-oriented measures may include studies, conferences, seminars, working groups, benchmarking exercises and address horizontal higher education and vocational training issues, including recognition of qualifications.
   Action 4 — ‘Schuman-Fulbright’ grants
   The Parties intend to provide scholarships to highly qualified professionals (including professionals-in-training, who may be engaged in advanced studies at universities and professional schools) who want to undertake studies or training, in areas of specific relevance to the EU/US relationship, which would be jointly identified by the Parties. For the purpose of promoting ‘Schuman-Fulbright’ grants and supporting grantees, the Parties may provide financial support to an organisation that they shall jointly designate.
   Action 5 — Alumni association
   The Parties may provide financial support to alumni associations involving students who have participated in exchanges supported by the EC/US cooperation programme in higher education and vocational training. Alumni associations may be run by organisations that the Parties shall jointly designate.
   PROGRAMME ADMINISTRATION
   Administration of these actions shall be implemented by the competent officials of each Party. These tasks may include:

               1.

               deciding upon the rules and procedures for the presentation of proposals, including the preparation of a common set of guidelines for applicants;

               2.

               establishing a timetable for publication of calls for proposals, submission and selection of proposals;

               3.

               providing information on the Programme and its implementation;

               4.

               appointing academic advisors and experts;

               5.

               recommending to the appropriate authorities of each Party which projects to finance;

               6.

               providing financial management; and

               7.

               promoting a cooperative approach to programme monitoring and evaluation.

         As a rule, the European Community will provide support for the use of the European Community project partners; the United States will provide support for United States project partners. In providing support, the Parties may have recourse to flat-rate grants, scales of unit costs and/or scholarships.
   TECHNICAL SUPPORT MEASURES
   Funds may be used for the purchase of services necessary to the implementation of the Programme. In particular, the Parties may have recourse to experts; may organise seminars, colloquia or other meetings likely to facilitate the implementation of the Programme; and may undertake evaluation, information, publication and dissemination activities.


title: 2010/469/EU: Decision of the European Central Bank of 19 August 2010 on non-compliance with statistical reporting requirements (ECB/2010/10)

text:
               28.8.2010

               EN

               Official Journal of the European Union

               L 226/48

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 19 August 2010
   on non-compliance with statistical reporting requirements
   (ECB/2010/10)
   (2010/469/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Articles 5.1 and 34.1 thereof,
   Having regard to Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank (1), and in particular Article 7 thereof,
   Having regard to Council Regulation (EC) No 2532/98 of 23 November 1998 concerning the powers of the European Central Bank to impose sanctions (2), and in particular Article 6(2) thereof,
   Having regard to Regulation (EC) No 2157/1999 of the European Central Bank of 23 September 1999 on the powers of the European Central Bank to impose sanctions (ECB/1999/4) (3),
   Whereas:

               (1)

               Regulations (EC) No 25/2009 of the European Central Bank of 19 December 2008 concerning the balance sheet of the monetary financial institutions sector (recast) (ECB/2008/32) (4) and (EC) No 63/2002 of the European Central Bank of 20 December 2001 concerning statistics on interest rates applied by monetary financial institutions to deposits and loans vis-à-vis households and non-financial corporations (ECB/2001/18) (5) lay down the European Central Bank’s (ECB’s) statistical reporting requirements which reporting agents must comply with.

               (2)

               Article 7(1) of Regulation (EC) No 2533/98 provides that the ECB has the power to impose sanctions on reporting agents which fail to comply with statistical reporting requirements set out in ECB regulations or decisions.

               (3)

               To ensure equal treatment of reporting agents, the ECB should adopt a harmonised approach to the calculation of sanctions for infringements of the reporting requirements, to the infringement procedure and to any preceding phase,

         HAS ADOPTED THIS DECISION:
   Article 1
   Definitions
   For the purposes of this Decision:

               1.

               ‘reporting agent’ has the same meaning as in Article 1 of Regulation (EC) No 2533/98;

               2.

               ‘monetary financial institution’ (MFI) has the same meaning as in Article 1 of Regulation (EC) No 25/2009 (ECB/2008/32);

               3.

               ‘infringement’ and ‘sanction’ have the same meaning as in Article 1 of Regulation (EC) No 2532/98;

               4.

               ‘serious misconduct’ includes any of the following infringements of reporting requirements by reporting agents:

                           (a)

                           systematic reporting of incorrect data;

                           (b)

                           systematic failure to comply with the minimum standards for revisions;

                           (c)

                           intentional incorrect, delayed or incomplete reporting;

                           (d)

                           insufficient degree of diligence or cooperation with the relevant NCB or the ECB;

               5.

               ‘competent national central bank’ (competent NCB) means the NCB of the Member State in whose jurisdiction the infringement occurred;

               6.

               ‘NCB deadline’ means the date set by each NCB for receiving data from the reporting agents.

         Article 2
   Scope of application
   1.   The ECB and the NCBs shall monitor the compliance of reporting agents with the minimum standards required to meet their reporting obligations, as set out in Annex IV to Regulation (EC) No 25/2009 (ECB/2008/32) and Annex III to Regulation (EC) No 63/2002 (ECB/2001/18). In the event of non-compliance, the ECB and the competent NCB may decide to conduct an assessment phase and/or initiate an infringement procedure as referred to in Article 3(1) and (2). Following an infringement procedure the ECB may impose sanctions in line with Article 7 of Regulation (EC) No 2533/98.
   2.   Sanctions may be imposed following an infringement procedure in the event of failure to comply with minimum standards for transmission (in relation to timeliness and technical reporting requirements), accuracy (in relation to linear constraints and data consistency across frequencies) and conceptual compliance (in relation to definitions and classifications). Sanctions are also applied in the case of serious misconduct.
   Article 3
   Assessment phase and infringement procedure
   1.   Prior to the initiation of an infringement procedure under Regulation (EC) No 2532/98 and Regulation (EC) No 2157/1999 (ECB/1999/4):

               (a)

               the competent NCB may, where it has logged non-compliance with the reporting requirements, give a warning to the reporting agent concerned informing it of the nature of the non-compliance logged, and recommend corrective measures to be taken in order to avoid repetition of the non-compliance;

               (b)

               the ECB or the competent NCB may ask the reporting agent concerned for any information relating to the non-compliance pursuant to Article 2(2) of Regulation (EC) No 2157/1999 (ECB/1999/4);

               (c)

               the reporting agent concerned shall be given an opportunity to provide explanations if it considers that the non-compliance was due to circumstances beyond its control.

         2.   Either the ECB or the competent NCB may initiate an infringement procedure in line with Article 3 of Regulation (EC) No 2532/98 and Article 5 of Regulation (EC) No 2157/1999 (ECB/1999/4). The following rules shall also apply:

               (a)

               an infringement procedure shall be initiated, without any assessment phase, in the case of serious misconduct;

               (b)

               without prejudice to point (a), an infringement procedure shall be initiated after repeated non-compliance has been logged by the competent NCB, unless:

                           (i)

                           the ECB or the competent NCB consider that no infringement procedure should be initiated as one or more of the logged cases of non-compliance is beyond the reporting agent’s control; or

                           (ii)

                           the potential fine would not reach the minimum threshold for the imposition of a sanction.

         3.   If the ECB or the competent NCB initiates an infringement procedure, the procedure shall be carried out in accordance with Article 3 of Regulation (EC) No 2532/98, including the issuing of a written notification and the adoption of a reasoned decision by the ECB.
   Article 4
   Application of sanctions
   1.   Sanctions shall be calculated following a two-stage procedure. First a baseline amount is calculated which reflects quantitative aspects. The circumstances of the case as referred to in Article 2(3) of Regulation (EC) No 2532/98 are then taken into account and may affect the actual amount of the sanction.
   2.   In the case of infringements relating to timeliness, the seriousness of the infringement shall depend on the number of working days of delay vis-à-vis the NCB deadline.
   3.   In the case of infringements relating to inaccuracy and/or conceptual compliance, the seriousness of the infringement shall depend on the size of the error. The ECB shall not take into account errors of a rounding nature or negligible errors. In addition, as regards conceptual compliance, ordinary revisions, i.e. non-systematic revisions to the series reported within the period (month or quarter) following the initial reporting, shall not be considered as cases of conceptual non-compliance.
   4.   Article 7(4) of Regulation (EC) No 2533/98 sets forth the maximum sanctions which the ECB may impose on reporting agents.
   5.   If an infringement of statistical reporting requirements also results in an infringement of minimum reserve requirements, no sanction shall be imposed for the infringement of the statistical reporting requirements.
   Article 5
   Final provision
   This Decision shall enter into force on 1 September 2010. It shall apply from the reference period December 2010 for monthly and annual reporting requirements and the fourth quarter 2010 for quarterly reporting requirements.

      Done at Frankfurt am Main, 19 August 2010.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 318, 27.11.1998, p. 8.

      (2)  OJ L 318, 27.11.1998, p. 4.

      (3)  OJ L 264, 12.10.1999, p. 21.

      (4)  OJ L 15, 20.1.2009, p. 14.

      (5)  OJ L 10, 12.1.2002, p. 24.


Avis juridique important

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32001D0762

2001/762/Euratom: Commission Decision of 28 September 2001 on the conclusion of two cooperation agreements between the European Atomic Energy Community and the Russian Federation in the field of nuclear safety and in the field of controlled nuclear fusion (notified under document number C(2001) 2901)

Official Journal L 287 , 31/10/2001 P. 0023 - 0023

Commission Decisionof 28 September 2001on the conclusion of two cooperation agreements between the European Atomic Energy Community and the Russian Federation in the field of nuclear safety and in the field of controlled nuclear fusion(notified under document number C(2001) 2901)(2001/762/Euratom)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 101(2) thereof,Having regard to the approval of the Council(1),Whereas:The two agreements between the European Atomic Energy Community and the Russian Federation in the field of nuclear safety and in the field of nuclear fusion must be concluded,HAS DECIDED AS FOLLOWS:Sole ArticleThe two agreements between the European Atomic Energy Community and the Russian Federation in the field of nuclear safety and in the field of controlled nuclear fusion are hereby concluded on behalf of the European Atomic Energy Community.Done at Brussels, 28 September 2001.For the CommissionPascal LamyMember of the Commission(1) See page 21 of this Official Journal.


title: 2012/551/EU, Euratom: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the Research Executive Agency for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/94

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the Research Executive Agency for the financial year 2010
   (2012/551/EU, Euratom)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2010 (1),

               —

               having regard to the annual accounts of the European Union for the financial year 2010 (COM(2011) 473 – C7-0256/2011) (2),

               —

               having regard to the annual accounts of the Research Executive Agency for the financial year 2010,

               —

               having regard to the Commission’s report on the follow-up to the discharge for the 2009 financial year (COM(2011) 736), and to the Commission staff working documents accompanying that report (SEC(2011) 1350 and SEC(2011) 1351),

               —

               having regard to the Commission’s annual report to the discharge authority on internal audits carried out in 2010 (COM(2011) 643), and to the Commission staff working document accompanying that report (SEC(2011) 1189),

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Research Executive Agency for the financial year 2010, together with the Agency’s reply (3),

               —

               having regard to the statement of assurance (4) 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 2010 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendation of 21 February 2012 on discharge to be given to the executive agencies in respect of the implementation of the budget for the financial year 2010 (06084/2012 – C7-0052/2012), and noting that the United Kingdom, the Netherlands and Sweden have for the first time refused to recommend granting discharge,

               —

               having regard to Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union and Article 106a of the Euratom Treaty,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 55, 145, 146 and 147 thereof,

               —

               having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (6), and in particular Article 14(3) thereof,

               —

               having regard to Commission Regulation (EC) No 1653/2004 of 21 September 2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (7), and in particular the first and second paragraphs of Article 66 thereof,

               —

               having regard to Commission Decision 2008/46/EC of 14 December 2007 setting up the Research Executive Agency for the management of certain areas of the specific Community programmes People, Capacities and Cooperation in the field of research in application of Council Regulation (EC) No 58/2003 (8),

               —

               having regard to Rule 76 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A7-0098/2012),

               A.

               whereas under Article 17(1) of the Treaty on European Union the Commission shall execute the budget and manage programmes and shall do so, under Article 317 of the Treaty on the Functioning of the European Union in cooperation with the Member States on its own responsibility, having regard to the principle of sound financial management,

               1.

               Grants the Director of the Research Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2010;

               2.

               Sets out its observations in the resolution that forms an integral part of its Decisions on discharge in respect of the implementation of the general budget of the European Union for the financial year 2010, Section III – Commission and executive agencies;

               3.

               Instructs its President to forward this Decision, together with its Decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2010, Section III – Commission and the resolution that forms an integral part of those Decisions, to the Director of the Research Executive Agency, the Council, the Commission, the Court of Justice of the European Union and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 64, 12.3.2010.

      (2)  OJ C 332, 14.11.2011, p. 1.

      (3)  OJ C 366, 15.12.2011, p. 87.

      (4)  OJ C 332, 14.11.2011, p. 134.

      (5)  OJ L 248, 16.9.2002, p. 1.

      (6)  OJ L 11, 16.1.2003, p. 1.

      (7)  OJ L 297, 22.9.2004, p. 6.

      (8)  OJ L 11, 15.1.2008, p. 9.


title: 2008/574/EC: Council Decision of 8 July 2008 appointing two Polish members and one Polish alternate member of the Committee of the Regions

text:
               11.7.2008

               EN

               Official Journal of the European Union

               L 183/37

      COUNCIL DECISION

   of 8 July 2008
   appointing two Polish members and one Polish alternate member of the Committee of the Regions
   (2008/574/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 of the Polish Government,
   Whereas:

               (1)

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

               (2)

               One member’s seat on the Committee of the Regions has become vacant following the end of mandate of Mr Franciszek WOŁODŹKO. A member’s seat on the Committee of the Regions has become vacant following the change of mandate of Mr Ludwik Kajetan WĘGRZYN. One alternate member’s seat has become vacant following the end of mandate of Mr Marek TROMBSKI,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following persons are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:

               (a)

               as members:

                           —

                           Mr Jacek CZERNIAK, przewodniczący Sejmiku Województwa lubelskiego (Chairman of the Sejmik of the Lubelskie voivodship),

                           —

                           Mr Bogusław ŚMIGIELSKI, marszałek województwa śląskiego (Marshall of the Śląskie voivodship),

                     and

               (b)

               as alternate member:

                           —

                           Mr Dariusz WRÓBEL, burmistrz Opola Lubelskiego (Mayor of Opole Lubelskie).

         Article 2
   This Decision shall take effect on the date of its adoption.

      Done at Brussels, 8 July 2008.

            For the Council

            The President

         C. LAGARDE

      (1)  OJ L 56, 25.2.2006, p. 75.


title: 2008/840/EC: Commission Decision of 7 November 2008 on emergency measures to prevent the introduction into and the spread within the Community of Anoplophora chinensis (Forster) (notified under document number C(2008) 6631)

text:
               11.11.2008

               EN

               Official Journal of the European Union

               L 300/36

      COMMISSION DECISION

   of 7 November 2008
   on emergency measures to prevent the introduction into and the spread within the Community of Anoplophora chinensis (Forster)
   (notified under document number C(2008) 6631)
   (2008/840/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular the third sentence of Article 16(3) thereof,
   Whereas:

               (1)

               In Section I of Part A of Annex I to Directive 2000/29/EC, Anoplophora malasiaca (Forster) and Anoplophora chinensis (Thomson) are listed. Recent studies have found that those two denominations cover in fact one single species of harmful organism. For the purposes of this Decision it is therefore appropriate to use the single revised scientific denomination Anoplophora chinensis (Forster) to designate what is listed in that Annex as Anoplophora malasiaca (Forster) and Anoplophora chinensis (Thomson).

               (2)

               Under Directive 2000/29/EC, where a Member State considers that there is a danger of introduction into or spread within its territory of a harmful organism whether or not listed in Annexes I or II to that Directive, it may temporarily take any additional measures necessary to protect itself from that danger.

               (3)

               As a result of the presence of Anoplophora chinensis (Forster) on various host plants in the region of Lombardy, Italy informed the Commission and the other Member States on 23 November 2007 that it had adopted additional measures on 9 November 2007 to prevent the further introduction into and spread within its territory of that organism.

               (4)

               As a result of findings of Anoplophora chinensis (Forster) on various host plants in the Netherlands, the Commission and other Member States were informed on 21 January 2008 of the measures taken to eradicate that organism in the Netherlands.

               (5)

                  Anoplophora chinensis (Forster) has been recently intercepted on many consignments of plants for planting of Acer spp. originating in third countries. At present, there are no special requirements in relation to this harmful organism for plants of Acer spp., nor for other plants which are amongst the most susceptible hosts plants, originating in third countries or in the Community.

               (6)

               A pest risk analysis on Anoplophora chinensis (Forster) was released in 2008 by the Netherlands, which concluded that there is a very high probability of establishment of the organism in the Community and a high potential of economic damage to several host plants.

               (7)

               It is therefore necessary to take emergency measures against the introduction into and spread within the Community of Anoplophora chinensis (Forster). The measures should apply to a list of plants of any origin, the ‘specified plants’, known to be hosts of Anoplophora chinensis (Forster) and which present the highest risk of being infested.

               (8)

               Measures should be defined for the import of the specified plants as regards their production in third countries and inspections at entry into the Community. Measures should also be defined for the production, movement and control of the specified plants originating in areas in the Community where the presence of Anoplophora chinensis (Forster) is confirmed.

               (9)

               Detailed measures should be laid down in areas in the Community where the presence of Anoplophora chinensis (Forster) is confirmed, i.e. the infested zones. In those zones, appropriate measures to eradicate the organism and intensive monitoring of its presence should be applied. In the areas surrounding such areas, i.e. the buffer zones, intensive monitoring for the presence of the organism should take place. In case of the first detection of the organism in an area in the Community, the size of the relevant buffer zone might be reduced to reflect better the more limited risk of spreading.

               (10)

               A survey to check for the presence or continued absence of Anoplophora chinensis (Forster) should be carried out on host plants in all Member States.

               (11)

               It is appropriate that the measures be reviewed by 31 May 2009 taking into account the availability, after one growing season, of the results of the official surveys and examinations by Member States of specified plants imported and being moved within the Community under the emergency measures.

               (12)

               Member States should, if necessary, adapt their legislation in order to comply with this Decision.

               (13)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,

         HAS ADOPTED THIS DECISION:
   Article 1
   Definitions
   For the purpose of this Decision, the following definitions shall apply:

               (a)

               ‘specified plants’ means plants for planting, other than seeds, of Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp., Carpinus spp., Citrus spp., Corylus spp., Cotoneaster spp., Fagus spp., Lagerstroemia spp., Malus spp., Platanus spp., Populus spp., Prunus spp., Pyrus spp., Salix spp., and Ulmus spp.;

               (b)

               ‘place of production’ means the place of production as defined in the FAO International Standard for Phytosanitary Measures No 5 (2).

         Article 2
   Import of the specified plants
   Specified plants imported from third countries where Anoplophora chinensis (Forster) is known to be present, may only be introduced into the Community if:

               (a)

               they comply with the specific import requirements in point (1) of Section I of Annex I;

               (b)

               without prejudice to Article 13a(1) of Directive 2000/29/EC, on entry into the Community they are inspected by the responsible official body in accordance with point (2) of Section I of Annex I to this Decision for the presence of Anoplophora chinensis (Forster), and no signs of that organism have been found.

         Article 3
   Movement of specified plants within the Community
   Specified plants originating in demarcated areas within the Community established in accordance with Article 5 may be moved within the Community only if they meet the conditions set out in point (1) of Section II of Annex I.
   Specified plants imported in accordance with Article 2 from third countries where Anoplophora chinensis (Forster) is known to be present, may be moved within the Community only if they meet the conditions set out in point (2) of Section II of Annex I.
   Article 4
   Surveys
   Member States shall conduct official annual surveys for the presence of Anoplophora chinensis (Forster) and for the evidence of infestation by that organism on host plants in their territory.
   Without prejudice to Article 16(1) of Directive 2000/29/EC, the results of those surveys, together with the list and delimitation of demarcated areas referred to in Article 5 of this Decision, shall be notified to the Commission and to the other Member States by 30 April of each year.
   Article 5
   Demarcated areas
   When the results of the surveys referred to in Article 4 confirm the presence of Anoplophora chinensis (Forster) in an area, or there is evidence of the presence of that organism by other means, Member States shall define demarcated areas, which shall consist of infested zone and of buffer zone, in accordance with Section 1 of Annex II.
   The Member States shall take official measures in the demarcated areas as laid down in Section 2 of Annex II.
   Article 6
   Compliance
   Member States shall take all measures to comply with this Decision and, if necessary, amend the measures which they have adopted to protect themselves against the introduction and spread of Anoplophora chinensis (Forster) in such a manner that those measures comply with this Decision. They shall immediately inform the Commission of those measures.
   Article 7
   Review
   This Decision shall be reviewed by 31 May 2009 at the latest.
   Article 8
   Addressees
   This Decision is addressed to the Member States.

      Done at Brussels, 7 November 2008.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 169, 10.7.2000, p. 1.

      (2)  Glossary of Phytosanitary Terms — Reference Standard ISPM No 5 by the Secretariat of the International Plant Protection Convention, Rome.

      ANNEX I
      EMERGENCY MEASURES REFERRED TO IN ARTICLES 2 AND 3
      I.   Specific import requirements

                  (1)

                  Without prejudice to the provisions listed in Annex III, Part A(9, 16, 18) and Annex IV, Part A(I)(14, 15, 17, 18, 19.2, 20, 22.1, 22.2, 23.1, 23.2, 32.1, 32.3, 33, 34, 36.1, 39, 40, 43, 44, 46) to Directive 2000/29/EC, specified plants originating in third countries where Anoplophora chinensis (Forster) is known to be present shall be accompanied by a certificate as referred to in Article 13(1) of that Directive which states under the rubric ‘Additional declaration’ that:

                              (a)

                              the plants have been grown throughout their life in a place of production situated in a pest-free area established by the national plant protection organisation in the country of origin in accordance with relevant International Standards for Phytosanitary Measures. The name of the pest-free area shall be mentioned under the rubric ‘place of origin’; or

                              (b)

                              the plants have been grown, during a period of at least two years prior to export, in a place of production established as free from Anoplophora chinensis (Forster) in accordance with International Standards for Phytosanitary Measures:

                                          (i)

                                          which is registered and supervised by the national plant protection organisation in the country of origin; and

                                          (ii)

                                          which has been subjected annually to two official inspections for any signs of Anoplophora chinensis (Forster) carried out at appropriate times and no signs of the organism have been found; and

                                          (iii)

                                          where the plants have been grown in a site:

                                                      —

                                                      with complete physical protection against the introduction of Anoplophora chinensis (Forster); or

                                                      —

                                                      with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km where official surveys for the presence or signs of Anoplophora chinensis (Forster) are carried out annually at appropriate times. In case signs of Anoplophora chinensis (Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone; and

                                          (iv)

                                          where immediately prior to export consignments of the plants have been officially subjected to a meticulous inspection for the presence of Anoplophora chinensis (Forster), in particular in roots and stems of the plants. Where appropriate, this inspection should include destructive sampling.

                  (2)

                  Specified plants imported in accordance with point (1) shall be meticulously inspected at the point of entry or the place of destination established in accordance with Commission Directive 2004/103/EC (1). Inspection methods applied shall ensure the detection of any signs of Anoplophora chinensis (Forster), in particular in roots and stems of the plants. Where appropriate, this inspection should include destructive sampling.

            II.   Conditions for movement

                  (1)

                  Specified plants originating in demarcated areas within the Community may be moved within the Community only if they are accompanied by a plant passport prepared and issued in accordance with Commission Directive 92/105/EEC (2) and have been grown during a period of at least two years prior to movement in a place of production:

                              (i)

                              which is registered according to Commission Directive 92/90/EEC (3); and

                              (ii)

                              which has been subjected annually to two official meticulous inspections for any signs of Anoplophora chinensis (Forster) carried out at appropriate times and no signs of the organism have been found; where appropriate, this inspection should include destructive sampling; and

                              (iii)

                              where the plants were placed in a site:

                                          —

                                          with complete physical protection against the introduction of Anoplophora chinensis (Forster); or

                                          —

                                          with the application of appropriate preventive treatments and surrounded by a buffer zone with a radius of at least two km beyond the boundary of the infested zone where official surveys for the presence or signs of Anoplophora chinensis (Forster) are carried out annually at appropriate times. In case signs of Anoplophora chinensis (Forster) are found, eradication measures are immediately taken to restore the pest freedom of the buffer zone.

                  (2)

                  Specified plants imported from third countries where Anoplophora chinensis (Forster) is known to be present in accordance with Section I may be moved within the Community only if they are accompanied by the plant passport referred to in point (1).

         (1)  OJ L 313, 12.10.2004, p. 16.

         (2)  OJ L 4, 8.1.1993, p. 22.

         (3)  OJ L 344, 26.11.1992, p. 38.

      ANNEX II
      EMERGENCY MEASURES REFERRED TO IN ARTICLE 5
      1.   Establishment of demarcated areas

                  (a)

                  The demarcated areas referred to in Article 5 shall consist of the following parts:

                              (i)

                              an infested zone which is the zone where the presence of Anoplophora chinensis (Forster) has been confirmed, and which includes all plants showing symptoms caused by Anoplophora chinensis (Forster) and, where appropriate, all plants belonging to the same lot at the time of planting,

                              (ii)

                              a buffer zone with a radius of at least two km beyond the boundary of the infested zone.

                  (b)

                  The exact delimitation of the zones referred to in point (a) shall be based on sound scientific principles, the biology of Anoplophora chinensis (Forster), the level of infestation, the particular distribution of the specified plants in the area concerned and evidence of establishment of the harmful organism. In case of the first detection of the organism in an area, and following a delimiting survey, the radius of the buffer zone may be reduced to not less than one km beyond the boundary of the infested zone.

                  (c)

                  If the presence of Anoplophora chinensis (Forster) is confirmed outside the infested zone, the delimitation of the demarcated areas shall be changed accordingly, or eradication measures are taken immediately to restore the pest freedom of the buffer zone.

                  (d)

                  If, based on the annual surveys referred to in point 2(b), Anoplophora chinensis (Forster) is not detected in a demarcated area for a period of four years, this demarcation shall be withdrawn and the measures referred to in point 2 shall no longer apply.

            2.   Measures in demarcated areas
      The official measures referred to in Article 5 to be taken in the demarcated areas, shall include at least the following:

                  (a)

                  in the infested zone, appropriate measures aiming at eradicating Anoplophora chinensis (Forster), including the felling and destruction of infested plants and plants with signs of Anoplophora chinensis (Forster), including the roots, annually before 30 April;

                  (b)

                  in the infested zone and the buffer zone, intensive monitoring for the presence of Anoplophora chinensis (Forster) by inspections carried out annually on host plants of the organism at appropriate times.


title: 2006/831/EC: Decision of the European Parliament of 27 April 2006 on the closure of the accounts of the European Environment Agency for the financial year 2004

text:
               6.12.2006

               EN

               Official Journal of the European Union

               L 340/91

         DECISION OF THE EUROPEAN PARLIAMENT
   of 27 April 2006
   on the closure of the accounts of the European Environment Agency for the financial year 2004
   (2006/831/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Environment Agency for the financial year 2004 (1),

               —

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

               —

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

               —

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

               —

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

               —

               having regard to Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Environment Information and Observation network (4), and in particular Article 13 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0098/2006),

               1.

               Notes the following figures for the accounts of the European Environment Agency for the financial years 2004 and 2003:
               Revenue and expenditure account for the financial years 2004 and 2003

                           (1000 EUR)

                           2004

                           2003

                           Revenue

                           EC subsidy

                           28 658

                           28 723

                           Subventions

                           1 998

                           1 080

                           Bank interest

                           128

                           89

                              Total revenue (a)

                              30 784

                              29 891

                           Expenditure

                              Total expenditure for Title 1

                           Payments

                           12 447

                           11 123

                           Payments — Grants

                           2

                           Appropriations carried over

                           435

                           315

                           Appropriations carried over — Grants

                           66

                              Total expenditure for Title 2

                           Payments  (6)

                           3 451

                           2 447

                           Appropriations carried over

                           394

                           395

                              Total expenditure for Title 3

                           Payments

                           9 534

                           5 997

                           Payments — Grants

                           14

                           Appropriations carried over

                           4 845

                           7 008

                           Appropriations carried over — Grants

                           2 419

                              Total expenditure (b)

                              33 606

                              27 284

                              Net result for the year (a — b)

                              - 2 822

                              2 607

                           Appropriations carried over and cancelled

                           508

                           295

                           Refunds carried over and cancelled

                           0

                           36

                           Balance carried over from the previous year

                           - 4 190

                           - 7 427

                           Grants cancelled

                           98

                           322

                           Exchange rate differences

                           3

                           - 4

                           Regularisation regarding previous years

                           43

                           - 18

                              Balance carried forward

                              - 6 360

                              - 4 190

                              NB: The totals may include differences due to rounding.

               2.

               Approves the closure of the accounts of the European Environment Agency for the financial year 2004;

               3.

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

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 269, 28.10.2005, p. 13.

      (2)  OJ C 332, 28.12.2005, p. 37.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 120, 11.5.1990, p. 1. Regulation as last amended by Regulation (EC) No 1641/2003 (OJ L 245, 29.9.2003, p. 1).

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

      (6)  Includes 905 823 euros of property taxes paid to the Danish government. The Agency is of the opinion that the amount should be refunded. The issue is currently negotiated with the Danish government.

      NB: The totals may include differences due to rounding.
    ---documentbreak---

               6.12.2006

               EN

               Official Journal of the European Union

               L 340/93

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

               —

               having regard to the final annual accounts of the European Environment Agency for the financial year 2004 (1),

               —

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

               —

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

               —

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

               —

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

               —

               having regard to Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Environment Information and Observation network (4), and in particular Article 13 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0098/2006),

               A.

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

               B.

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

               1.

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

               2.

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

               3.

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

               4.

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

               5.

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

               6.

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

               7.

               Notes the Court of Auditors' finding that surplus appropriations in 2004 were committed for operations to be carried out in 2005 and that appropriations relating to staff expenditure were carried over; insists that the Agency respect the principle of budget annuality as defined in the Financial Regulation and the rule prohibiting carry over of appropriations relating to staff expenditure in order to allow a correct and transparent implementation of the budgets set by the budgetary authority;

               8.

               Notes the weaknesses in checking and the omissions found by the Court of Auditors in its audit of the inventory; urges the Agency to rectify these shortcomings without delay;

               9.

               Welcomes the Agency's assurance that problems discovered by the Court of Auditors concerning the amendment of contracts will be remedied;

               10.

               Supports the Agency's efforts to obtain reimbursement of unwarranted payment of taxes to the City of Copenhagen;

               11.

               Expresses its satisfaction with the effective implementation of the 2004 budget;

               12.

               Considers the Agency to be a source of important environmental information for all EU institutions and policy-making; notes with satisfaction that the Agency has been able to transform some complicated data into user-friendly information and to communicate its conclusions to the public; congratulates the Agency on its informative website;

               13.

               Encourages the Agency to continue its efforts to further develop its communication methods in order to attract more media coverage for its findings and thus feed public debate on important environmental issues, such as climate change;

               14.

               Points out that the impact of environmental programmes is often hampered by the lack of assessment of environmental impacts of other Community policies; invites the Agency further to develop its work in the field of environmental impact assessment;

               15.

               Emphasises the role of the Agency in the evaluation of the implementation of EU environmental legislation;

               16.

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

               17.

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

      (1)  OJ C 269, 28.10.2005, p. 13.

      (2)  OJ C 332, 28.12.2005, p. 37.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 120, 11.5.1990, p. 1. Regulation as last amended by Regulation (EC) No 1641/2003 (OJ L 245, 29.9.2003, p. 1).

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


Avis juridique important

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31981D0557

81/557/EEC: Council Decision of 6 July 1981 appointing an alternate member of the Advisory Committee on Safety, Hygiene and Health Protection at Work

Official Journal L 203 , 23/07/1981 P. 0046

****( 1 ) OJ NO L 185 , 9 . 7 . 1974 , P . 15 .    COUNCIL DECISION   OF 6 JULY 1981   APPOINTING AN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK  ( 81/557/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO THE COUNCIL DECISION OF 27 JUNE 1974 ON THE SETTING UP OF AN ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK ( 1 ), AND IN PARTICULAR ARTICLE 4 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 23 NOVEMBER 1978 APPOINTING FULL MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK FOR THE PERIOD ENDING ON 22 NOVEMBER 1981 ,   WHEREAS ONE ALTERNATE MEMBER ' S SEAT IN THE EMPLOYERS ' REPRESENTATIVES CATEGORY ON THE AFOREMENTIONED COMMITTEE HAS FALLEN VACANT FOLLOWING THE RESIGNATION OF MR DOHERTY , NOTIFIED TO THE COUNCIL ON 19 JUNE 1981 ,   HAVING REGARD TO THE CANDIDATE PROPOSED ON 19 JUNE 1981 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MRS CLARE CARROLL IS HEREBY APPOINTED ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK IN PLACE OF MR DOHERTY FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 22 NOVEMBER 1981 .   DONE AT BRUSSELS , 6 JULY 1981 .   FOR THE COUNCIL   THE PRESIDENT   G . HOWE


Avis juridique important

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31995D0129

95/129/EC: Council Decision of 27 March 1995 concerning the conclusion of the Cooperation Agreement between the European Community and the Democratic Socialist Republic of Sri Lanka on Partnership and Development

Official Journal L 085 , 19/04/1995 P. 0032 - 0032

COUNCIL DECISION of 27 March 1995 concerning the conclusion of the Cooperation Agreement between the European Community and the Democratic Socialist Republic of Sri Lanka on Partnership and Development (95/129/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 113 and 130y, in conjunction with the first sentence of Article 228 (2) and the first subparagraph of paragraph 3 thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the European Parliament (2),Whereas, under Article 130u of the Treaty, Community policy in the sphere of development cooperation should foster the sustainable economic and social development of the developing countries, their smooth and gradual integration into the world economy and the campaign against poverty in those countries;Whereas the Community should approve, for the attainment of its aims in the sphere of external relations, the Agreement referred to in this Decision,HAS DECIDED AS FOLLOWS:Article 1 The Cooperation Agreement between the European Community and the Democratic Socialist Republic of Sri Lanka on Partnership and Development is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2 The President of the Council shall, on behalf of the Community, give the notification provided for in Article 26 of the Agreement.Article 3 The Commission, assisted by representatives of the Member States, shall represent the Community in the Joint Commission provided for in Article 20 of the Agreement.Article 4 This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 27 March 1995.For the CouncilThe PresidentM. GIRAUD(1) OJ No C 86, 23. 3. 1994, p. 5.(2) OJ No C 18, 23. 1. 1995.