title: 2012/184/EU: Council Decision of 19 December 2011 on the signing, on behalf of the Union, and provisional application, of the Agreement between the European Union and the People’s Democratic Republic of Algeria on scientific and technological cooperation

text:
               5.4.2012

               EN

               Official Journal of the European Union

               L 99/1

         COUNCIL DECISION
   of 19 December 2011
   on the signing, on behalf of the Union, and provisional application, of the Agreement between the European Union and the People’s Democratic Republic of Algeria on scientific and technological cooperation
   (2012/184/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 186 in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 16 November 2009, the Council authorised the Commission to negotiate, on behalf of the Union, an Agreement between the European Union and the People’s Democratic Republic of Algeria on scientific and technological cooperation (the ‘Agreement’). It was initialled on 14 October 2010.

               (2)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The signing of the Agreement between the European Union and the People’s Democratic Republic of Algeria on scientific and technological cooperation is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement.
   2.   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   The Agreement shall be applied on a provisional basis, in accordance with Article 7(2) thereof, pending the completion of the procedures for its conclusion.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 19 December 2011.

            For the Council

            The President

         M. KOROLEC

    ---documentbreak---

               5.4.2012

               EN

               Official Journal of the European Union

               L 99/2

         AGREEMENT
   between the European Union and the People’s Democratic Republic of Algeria on scientific and technological cooperation
   THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,
   of the one part, and
   THE PEOPLE’S DEMOCRATIC REPUBLIC OF ALGERIA, hereinafter referred to as ‘Algeria’,
   of the other part,
   hereinafter referred to as ‘the Parties’,
   HAVING REGARD TO the importance of science and technology for the economic and social development of the two Parties and the reference made in Article 51 of the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part, which came into force on 1 September 2005;
   HAVING REGARD TO the European Neighbourhood Policy and the Union’s strategy for strengthening its relations with neighbouring countries;
   WHEREAS the Union and Algeria have undertaken joint research, technological development and demonstration activities, in various fields of common interest, and it would be to their mutual advantage for each to take part in the other party’s research and development activities, on a reciprocal basis;
   WISHING to establish a formal framework for cooperation in scientific and technological research which would make it possible to extend and intensify cooperative efforts in the fields of common interest and to encourage the use of the results of this cooperation to further the Parties’ mutual economic and social interests;
   WISHING to open the European Research Area to non-member countries and in particular to the Mediterranean partner countries;
   HAVE AGREED AS FOLLOWS:
   Article 1
   Scope and principles
   1.   The Parties shall encourage, develop and facilitate cooperation activities between the Union and Algeria in fields of common interest where they are pursuing research and development activities in science and technology.
   2.   Cooperation activities shall be conducted on the basis of the following principles:

               (a)

               promotion of a knowledge-based society to foster the social and economic development of both Parties;

               (b)

               mutual benefit based on an overall balance of advantages;

               (c)

               reciprocal access to the activities of research programmes and technological developments undertaken by each Party;

               (d)

               timely exchange of information which may facilitate cooperative activities;

               (e)

               appropriate exchange and protection of intellectual property rights;

               (f)

               participation and funding in compliance with the relevant laws and regulations of the Parties.

         Article 2
   Means of cooperation
   1.   Legal entities established in Algeria, as defined in Annex I, including either physical persons or private or public legal persons, shall participate in indirect cooperation activities of the Union’s Framework Programme for research and technological development and demonstration activities (hereinafter referred to as the ‘Framework Programme’), in accordance with the terms and conditions established by or referred to in Annexes I and II.
   Legal entities established in the Member States of the Union, as defined in Annex I, shall participate in Algeria’s research programmes and projects in thematic areas equivalent to those of the Framework programme under the same terms and conditions established by, or referred to in Annexes I and II.
   2.   Cooperation may also take the following forms:

               (a)

               regular discussions on the guidelines and priorities for research policies and planning in Algeria and the Union;

               (b)

               discussions on cooperation, developments and future prospects;

               (c)

               the timely provision of information concerning the implementation of programmes and research projects of Algeria and of the Union, and concerning the results of work undertaken within the framework of this Agreement;

               (d)

               joint meetings;

               (e)

               visits and exchanges of research workers, engineers and technicians, including for training purposes;

               (f)

               exchanges and sharing of equipment, materials and testing services;

               (g)

               contacts between programme or project managers of Algeria and the Union;

               (h)

               participation of experts in seminars, symposia and workshops;

               (i)

               exchanges of information on practices, laws, regulations, and programmes relevant to cooperation under this Agreement;

               (j)

               research and technological development training;

               (k)

               reciprocal access to scientific and technologic information in the framework of this cooperation;

               (l)

               any other means to be adopted by the European Union-Algeria Joint Scientific and Technological Cooperation Committee, as defined in Article 4, and deemed in conformity with the policies and procedures applicable in both Parties;

               (m)

               supporting the optimum exploitation of the results of research and development by innovating companies in order to promote the spread of new knowledge and innovation;

               (n)

               assisting the management of scientific research and supporting the setting up of an information system on research;

               (o)

               examining the possibility of cooperation in setting up incubators and nurseries and the start-up and creation of research centres, including by means of European programmes other than the Framework Programme;

               (p)

               promoting cooperation by means of research and development projects;

               (q)

               access to research infrastructures;

               (r)

               possibility of co-financing and coordinating research activities.

         Article 3
   Enhancement of cooperation
   The Parties shall make every effort, within the framework of their applicable legislation, to facilitate the free movement and residence of research workers participating in the activities covered by this Agreement and to facilitate cross-border movement of goods intended for use in such activities.
   Article 4
   Management of the Agreement
   European Union-Algeria Joint Scientific and Technological Cooperation Committee
   1.   The coordination and facilitation of activities under this Agreement shall be performed on behalf of Algeria, by the Ministry of Higher Education and Scientific Research and, on behalf of the Union, by the European Commission, acting as executive agents of the Parties (hereinafter referred to as ‘executive agents’).
   2.   The executive agents shall establish a joint committee called the ‘European Union-Algeria Joint Scientific and Technological Cooperation Committee’ (hereinafter ‘the Joint Committee’), whose functions shall include:

               (a)

               ensuring, evaluating and reviewing the implementation of this Agreement, as well as modifying its Annexes or adopting new ones to take account of developments in the Parties’ scientific policies, subject to the fulfilment by each of the Parties of its internal procedures for that purpose;

               (b)

               identifying, on an annual basis, potential sectors where cooperation should be developed and improved and examine any measure which could be taken to that end;

               (c)

               regularly examining the future orientations and priorities of research policies and research planning in Algeria and the Union and the prospects for future cooperation within the framework of this Agreement;

               (d)

               making recommendations to the Parties with regard to the implementation of this Agreement, including the identification and recommendation of additions to the activities referred to in Article 2(2) and specific measures to improve the mutual access provided for under Article 1(2);

               (e)

               making, subject to each Party’s domestic approval processes, technical amendments to this Agreement as may be required.

         3.   The Joint Committee, which shall be formed of representatives of the Executive Agents, shall adopt its rules of procedure.
   4.   The Joint Committee shall normally meet once a year, with the location of that meeting alternating between the Union and Algeria. Extraordinary meetings shall be held whenever necessary and agreed between the Parties. The conclusions and recommendations of the Joint Committee shall be sent for information to the Association Committee of the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part.
   Article 5
   Financing
   The level of participation in research activities under this Agreement is set according to the conditions defined in Annex I and is subject to the legislation, regulations, policies and conditions of implementation of the programmes in force in the territory of each Party.
   When one Party grants financial support to participants of the other Party in connection with indirect cooperative activities, any grants and financial or other contributions made by the funding Party to participants of the other Party in support of those activities shall be granted tax and customs duty exemption in accordance with the relevant laws and regulations in force in the territory of each Party at the time such grants and financial or other contributions are made.
   Article 6
   Dissemination and use of the results and information
   The dissemination and the use of the results and information obtained and/or exchanged and the management, allocation and exercise of intellectual property rights resulting from the research activities undertaken under this Agreement shall be subject to the conditions provided for in Annex II.
   Article 7
   Final provisions
   1.   Annexes I and II shall form an integral part of this Agreement. Any questions or disputes relating to the interpretation or implementation of this Agreement shall be settled by mutual agreement of the Parties.
   2.   This Agreement shall enter into force once the Parties have notified each other of the completion of their internal procedures for its conclusion. Pending the completion of these procedures by the Parties, the Parties shall provisionally apply this Agreement upon its signature. Should a Party notify the other that it will not conclude the Agreement, the projects and activities commenced during the period of provisional application and which are still ongoing at the time of the aforementioned notification shall continue until their completion under the conditions laid down in this Agreement.
   3.   Either of the Parties may terminate this Agreement at any time by giving six months’ notice. Projects and activities in progress at the time of termination of the Agreement shall continue until their completion under the conditions laid down therein.
   4.   This Agreement shall remain in force after the initial period until such time as either Party gives notice in writing to the other Party of its intention to terminate it. In this event, the Agreement shall cease to have effect six months after the receipt of such notification.
   5.   If one of the Parties decides to modify its research programmes or projects referred to in Article 1(1), the executive agent of that Party shall notify the executive agent of the other Party of the precise content of the amendments in question. By way of derogation from paragraph 3 of this Article, this Agreement may be terminated under mutually agreed conditions should either of the Parties notify the other within one month after the adoption of the amendments referred to in this paragraph of its intention to terminate this Agreement.
   6.   This Agreement shall apply, on the one hand, to the territories in which the Treaty on European Union and the Treaty on the Functioning of the European Union apply and under the conditions laid down in these Treaties, and, on the other hand, to the territory of the People’s Democratic Republic of Algeria. This shall not prevent the conduct of cooperative activities on the high seas, in space, or the territory of third countries, in accordance with international law.

      IN WITNESS WHEREOF, the undersigned, being duly authorised to that end by the European Union and the People’s Democratic Republic of Algeria respectively, have signed this agreement.
      DONE in duplicate at Algiers, on the nineteenth day of March in the year two thousand and twelve, in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Arabic languages, each text being equally authentic.

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

         За правителството на Алжирската демократична народна република
         Por el Gobierno de la República Argelina Democrática y Popular
         Za vládu Alžírské demokratické a lidové republiky
         For regeringen for Den Demokratiske Folkerepublik Algeriet
         Für die Regierung der Demokratischen Volksrepublik Algerien
         Alžeeria Demokraatliku Rahvavabariigi valitsusele
         Για την κυβέρνηση της Λαϊκής Δημοκρατίας της Αλγερίας
         For the Government of the People’s Democratic Republic of Algeria
         Pour le gouvernement de la République algérienne démocratique et populaire
         Per il governo della Repubblica algerina democratica e popolare
         Alžīrijas Tautas Demokrātiskās Republikas valdības vārdā –
         Alžyro Liaudies Demokratinės Respublikos Vyriausybės vardu
         Az Algériai Demokratikus és Népi Köztársaság kormánya részéről
         Għall-Gvern tar-Repubblika Demokratika Popolari tal-Alġerija
         Voor de regering van de Democratische Volksrepubliek Algerije
         W imieniu rządu Algierskiej Republiki Ludowo-Demokratycznej
         Pelo Governo da República Argelina Democrática e Popular
         Pentru Guvernul Republicii Algeriene Democratice și Populare
         Za vládu Alžírskej demokratickej ľudovej republiky
         Za Vlado Ljudske demokratične republike Alžirije
         Algerian demokraattisen kansantasavallan hallituksen puolesta
         För Demokratiska folkrepubliken Algeriets regering

   ANNEX I

      Terms and conditions for the participation of legal entities established in Member States of the Union and in Algeria

   For the purpose of this Agreement, a ‘legal entity’ means any natural person, or any legal person created under the national law of its place of establishment or under Union law or international law, having legal personality and being entitled to have rights and obligations of any kind in its own name.
   I.   Terms and conditions for the participation of legal entities established in Algeria in indirect actions of the Framework Programme

               1.

               The participation of legal entities established in Algeria in indirect actions of the Framework Programme shall follow the conditions laid down by the European Parliament and the Council according to Article 183 of the Treaty on the Functioning of the European Union.

               2.

               The Union may grant funding to legal entities established in Algeria participating in the indirect actions referred to in paragraph 1 in accordance with the terms and conditions laid down by the decision(s) taken by the European Parliament and the Council in accordance with Article 183 of the Treaty on the Functioning of the European Union, the Union’s Financial Regulation and other applicable Union legislation.

               3.

               Provision must be made for the performance of controls and audits carried out by, or under the authority of, the European Commission and the European Court of Auditors in either a grant agreement or contract entered into by the Union with a legal entity established in Algeria in order to conduct indirect action or in the grant decision issued by the Union.

         In the spirit of cooperation and mutual interest, the relevant Algerian authorities shall provide any reasonable and feasible assistance as may be necessary or helpful in order to perform such controls and audits and recovery measures.
   II.   Terms and conditions for the participation of legal entities established in Member States of the Union in Algerian research programmes and projects

               1.

               Any legal entity established in the Union, created under the national law of one of the Member States of the Union or under Union law, may participate in Algerian research and development programmes and projects jointly with Algerian legal entities.

               2.

               The rights and obligations of legal entities established in the Union participating in Algerian research projects in the context of research and development programmes, as well as the terms and conditions applicable for the submission and evaluation of proposals and for the granting and conclusion of contracts in such projects shall be subject to Algerian laws, regulations and government directives governing the implementation of research and development programmes, as applicable to Algerian legal entities and ensuring equal treatment, taking into account the nature of the cooperation between Algeria and the Union in this area.

         The financing of legal entities established in the Union participating in Algerian projects as part of research and development programmes shall be subject to Algerian laws, regulations and government directives governing the operation of these programmes, as applicable to non-Algerian legal entities.
   III.   Information on participation opportunities
   Algeria and the European Commission shall regularly make available information on current programmes and participation opportunities for the benefit of legal entities established in the two Parties.
   ANNEX II

      PRINCIPLES GOVERNING THE ALLOCATION OF INTELLECTUAL PROPERTY RIGHTS

   I.   Scope

   For the purposes of this Agreement, ‘intellectual property’ shall have the meaning given in Article 2 of the Convention establishing the World Intellectual Property Organisation, signed at Stockholm on 14 July 1967.
   For the purposes of this Agreement, ‘knowledge’ shall mean the results, including information, irrespective of whether or not it can be protected, as well as copyrights or rights pertaining to such information, resulting from applications for, or the issue of, patents, designs, plant varieties, supplementary protection certificates or similar forms of protection.
   II.   Intellectual property rights of legal entities of the Parties participating in indirect cooperation activities

               1.

               Each Party shall ensure that its treatment of the intellectual property rights and obligations of legal entities established in the other Party’s territories participating in indirect cooperation activities carried out pursuant to this Agreement, and the related rights and obligations arising from such participation, is consistent with the relevant laws and regulations and international conventions that are applicable to the Parties, including the Agreement on Trade-Related Aspects of Intellectual Property Rights, Annex 1C to the Marrakech Agreement Establishing the World Trade Organisation as well as the Paris Act of 24 July 1971 of the Berne Convention for the Protection of Literary and Artistic Works and the Stockholm Act of 14 July 1967 of the Paris Convention for the Protection of Industrial Property.

               2.

               Each Party shall ensure that the participants in indirect cooperation activities of the other Party have the same treatment with regard to intellectual property as is accorded to the participants of the first Party under the rules of participation of each research programme or project, or its applicable laws and regulations.

         III.   Intellectual property rights of the Parties

               1.

               Unless otherwise specifically agreed by the Parties, the following rules shall apply to knowledge generated by the Parties in the course of activities carried out in accordance with Article 2 of this Agreement:

                           (a)

                           The Party generating such knowledge shall be the owner of that knowledge. Where their respective share of the work cannot be ascertained, the Parties shall have joint ownership of such knowledge;

                           (b)

                           The Party owning that knowledge shall grant access rights to it to the other Party for carrying out activities referred to in Article 2 of this Agreement. Such access rights shall be granted on a royalty-free basis.

               2.

               Unless otherwise agreed between the Parties, the following rules shall apply to scientific literature from the Parties:

                           (a)

                           Where a Party publishes data, information and technical or scientific results arising from the activities undertaken under this Agreement in journals, articles, reports and books, including audiovisual works and software, a worldwide, non-exclusive, irrevocable royalty-free licence to translate, reproduce, adapt, transmit and publicly distribute the works in question shall be granted to the other Party;

                           (b)

                           All copies of data and information, protected by copyright, which have to be publicly distributed and prepared under this section, shall indicate the name(s) of the author(s) of the work unless an author explicitly declines to be named. Each copy shall also bear a clearly visible acknowledgement of the cooperative support of the Parties.

               3.

               Unless otherwise specifically agreed by the Parties, the following rules shall apply to confidentiality information of the Parties:

                           (a)

                           When communicating to the other Party information relating to activities carried out pursuant to this Agreement, each Party shall identify the information it wishes to remain undisclosed through confidential insignias or legends;

                           (b)

                           The receiving Party may under its own responsibility communicate undisclosed information to bodies or persons under its authority for the specific purposes of implementing this Agreement;

                           (c)

                           With the prior written consent of the Party providing undisclosed information, the receiving Party may disseminate such undisclosed information more widely than otherwise permitted in point (b). The Parties shall cooperate in developing procedures for requesting and obtaining prior written consent for such wider dissemination, and each Party shall provide such approval to the extent permitted by its domestic policies, regulations and laws;

                           (d)

                           Non-documentary undisclosable or other confidential information provided in seminars and other meetings between representatives of the Parties arranged under this Agreement, or information arising from the secondment of staff, use of facilities or indirect cooperation activities, shall remain confidential when the recipient of such undisclosable or other confidential or privileged information was made aware of the confidential character of the information communicated prior to such communication being made, pursuant to point (a);

                           (e)

                           Each Party shall endeavour to ensure that the undisclosed information received by it under points (a) and (d) is protected as provided herein. If one of the Parties becomes aware that it will be, or may become, unable to comply with the non-dissemination provisions laid down in points (a) and (d), it shall immediately inform the other Party thereof. The Parties shall thereafter consult to define an appropriate course of action.


60/912/EEC: Decision of the Representatives of the Governments of the Member States, meeting within the Council, on speeding up the pace at which the objectives of the Treaty are achieved


title: 2005/9/EC: Commission Decision of 29 December 2004 concerning the common position of the Community on a Decision of the Joint Committee on Agriculture amending point B(9) of Appendix 1 to Annex 7 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products

text:
               6.1.2005

               EN

               Official Journal of the European Union

               L 4/12

      COMMISSION DECISION

   of 29 December 2004
   concerning the common position of the Community on a Decision of the Joint Committee on Agriculture amending point B(9) of Appendix 1 to Annex 7 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products
   (2005/9/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation (1), most notably the Agreement on trade in agricultural products (2), and in particular the fourth indent of Article 5(2) thereof,
   Whereas:

               (1)

               The Agreement between the European Community and the Swiss Confederation on trade in agricultural products (hereinafter referred to as the Agriculture Agreement) entered into force on 1 June 2002.

               (2)

               Article 6 of the Agriculture Agreement sets up a Joint Committee on Agriculture to be responsible for the administration of the Agreement and its proper functioning.

               (3)

               In accordance with Article 6(4) and (7) of the Agriculture Agreement, on 21 October 2003 the Joint Committee on Agriculture (hereinafter referred to as the Joint Committee) adopted its Rules of Procedure (3) and set up the working groups required to manage the Annexes to the Agriculture Agreement (4). The Working Group on ‘Wine-Sector Products’ met to examine questions relating to Annex 7 and its implementation, in accordance with Article 27(1) of Annex 7 to the Agreement, and to put forward proposals to the Joint Committee with a view to adapting the Appendices to Annex 7, in accordance with Article 27(2) of Annex 7 to the Agreement. Article 11 of the Agreement provides that the Joint Committee may decide to amend Annexes 1 and 2 and the Appendices to the other Annexes to the Agreement.

               (4)

               The Community must decide on the position to be adopted by the Commission in the Joint Committee as regards the amendments to the Appendices.

               (5)

               The Commission is competent to adopt the common position on the amendments to the Appendices to Annex 7.

               (6)

               The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Wine,

         DECIDES:
   Article 1
   The Community position to be adopted by the Commission in the Joint Committee on Agriculture set up by Article 6 of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products shall be based on the draft Decision of the Joint Committee, which is annexed to this Decision.
   Article 2
   The Head of the Community Delegation within the Joint Committee on Agriculture is hereby authorised to adopt the Decision on behalf of the Community. For matters falling within the competence of the Directorate-General for Agriculture, this authorisation shall also apply to the Unit Head responsible for bilateral relations with Switzerland.

      Done at Brussels, 29 December 2004.

            For the Commission

         Mariann FISCHER BOEL

            Member of the Commission

      (1)  OJ L 114, 30.4.2002, p. 1.

      (2)  OJ L 114, 30.4.2002, p. 132. Agreement as last amended by Decision No 1/2004 of the Joint Veterinary Committee set up under the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (OJ L 160, 30.4.2004, p. 116, corrigendum in OJ L 212, 12.6.2004, p. 72).

      (3)  Common position adopted by the Council on 21 July 2003; Joint Committee Decision No 1/2003 of 21 October 2003 concerning the adoption of its Rules of Procedure (OJ L 303, 21.11.2003, p. 24).

      (4)  Common position adopted by the Council on 21 July 2003; Joint Committee Decision No 2/2003 of 21 October 2003 concerning the setting-up of the working groups and the adoption of the terms of reference of those groups (OJ L 303, 21.11.2003, p. 27).

      ANNEX

         Proposal for
         DECISION No …. OF THE JOINT COMMITTEE ON AGRICULTURE SET UP BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION ON TRADE IN AGRICULTURAL PRODUCTS
         of …
         concerning point B(9) of Appendix 1 to Annex 7
         (…/…/…)
         THE JOINT COMMITTEE,
         Having regard to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products, and in particular Article 11 thereof,
         Whereas:

                     (1)

                     This Agreement entered into force on 1 June 2002.

                     (2)

                     Annex 7 is aimed at facilitating trade in wine-sector products between the Parties.

                     (3)

                     Under Article 27(1) of Annex 7, the Working Group considers any matter which may arise in connection with the implementation of Annex 7 and, under Article 27(2) of Annex 7, may in particular put forward proposals to the Committee with a view to adapting and updating the Appendices to Annex 7.

                     (4)

                     Point B(9) of Appendix 1 to Annex 7 sets out the accompanying document for wines imported from Switzerland in accordance with point B(9) of Appendix 1 to the original version of the Agreement,

               HAS DECIDED AS FOLLOWS:
         Article 1
         Point B(9) of Appendix 1 to Annex 7 is hereby replaced by the text contained in the Annex to this Decision.
         Article 2
         This Decision shall apply from 1 October 2004.

            Done at Brussels, …

                  For the Joint Committee on Agriculture

                  The Chair

               Aldo LONGO

                  The Head of the Swiss Delegation

               … …

         ANNEX


title: Council Decision 2007/407/JHA of 12 June 2007 adjusting the basic salaries and allowances applicable to Europol staff

text:
               14.6.2007

               EN

               Official Journal of the European Union

               L 153/30

      COUNCIL DECISION

   of 12 June 2007
   adjusting the basic salaries and allowances applicable to Europol staff
   (2007/408/JHA)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Council Act of 3 December 1998 laying down the Staff Regulations applicable to Europol employees (1), (hereinafter referred to as Staff Regulations), and in particular Article 44 thereof,
   Having regard to the initiative of the Republic of Finland (2),
   Having regard to the opinion of the European Parliament (3),
   Having regard to the review of remuneration of officials of Europol by the Management Board of Europol,
   Whereas:

               (1)

               In the review of remuneration of officials of Europol, the Management Board took account of the changes in the cost of living in the Netherlands, as well as of the changes in salaries in the public service in the Member States.

               (2)

               The review period from 1 July 2005 to 30 June 2006 justifies an increase of 1,5 % of remuneration for the period from 1 July 2006 to 30 June 2007.

               (3)

               It is for the Council, acting unanimously, to adjust the basic salaries and allowances of officials of Europol, on the basis of the review,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Staff Regulations are hereby amended as follows:
   With effect from 1 July 2006:

               (a)

               in Article 45, the table of basic monthly salaries shall be replaced by the following:

                           ‘1

                           2

                           3

                           4

                           5

                           6

                           7

                           8

                           9

                           10

                           11

                           1

                           15 136,93

                           2

                           13 592,32

                           3

                           9 329,29

                           9 570,24

                           9 811,20

                           10 070,70

                           10 330,19

                           10 602,01

                           10 872,61

                           11 158,08

                           11 445,37

                           11 748,12

                           12 047,75

                           4

                           8 124,50

                           8 340,75

                           8 553,91

                           8 779,42

                           9 004,93

                           9 242,78

                           9 477,56

                           9 727,80

                           9 978,00

                           10 240,60

                           10 503,18

                           5

                           6 694,23

                           6 870,30

                           7 043,29

                           7 228,65

                           7 414,01

                           7 611,71

                           7 806,32

                           8 013,30

                           8 217,19

                           8 433,42

                           8 649,68

                           6

                           5 736,61

                           5 887,94

                           6 039,33

                           6 199,97

                           6 357,50

                           6 524,33

                           6 691,14

                           6 867,23

                           7 043,29

                           7 228,65

                           7 414,01

                           7

                           4 782,03

                           4 908,69

                           5 032,25

                           5 165,09

                           5 297,91

                           5 436,94

                           5 575,94

                           5 724,23

                           5 869,42

                           6 023,88

                           6 178,34

                           8

                           4 065,35

                           4 173,47

                           4 278,49

                           4 392,80

                           4 503,99

                           4 621,40

                           4 738,78

                           4 865,45

                           4 989,01

                           5 121,84

                           5 251,57

                           9

                           3 583,44

                           3 679,19

                           3 774,98

                           3 873,80

                           3 972,67

                           4 077,70

                           4 182,73

                           4 293,94

                           4 402,10

                           4 519,46

                           4 633,76

                           10

                           3 107,71

                           3 191,13

                           3 271,43

                           3 357,91

                           3 441,34

                           3 534,01

                           3 626,68

                           3 722,44

                           3 815,11

                           3 917,07

                           4 015,92

                           11

                           3 011,95

                           3 092,27

                           3 169,48

                           3 252,90

                           3 336,29

                           3 425,88

                           3 512,39

                           3 605,06

                           3 697,74

                           3 796,61

                           3 892,33

                           12

                           2 391,04

                           2 455,87

                           2 517,65

                           2 582,55

                           2 647,42

                           2 718,46

                           2 789,52

                           2 863,66

                           2 934,70

                           3 011,95

                           3 089,17

                           13

                           2 054,29

                           2 109,90

                           2 162,42

                           2 221,12

                           2 276,73

                           2 338,50

                           2 397,20

                           2 462,06

                           2 523,87

                           2 591,82

                           2 656,68’

               (b)

               in Article 59(3), the amount ‘EUR 1 004,36’ shall be replaced by: ‘EUR 1 019,43’;

               (c)

               in Article 59(3), the amount ‘EUR 2 008,72’ shall be replaced by: ‘EUR 2 038,85’;

               (d)

               in Article 60(1), the amount ‘EUR 267,84’ shall be replaced by: ‘EUR 271,86’;

               (e)

               in Article 2(1) of Appendix 5, the amount ‘EUR 280,00’ shall be replaced by: ‘EUR 284,20’;

               (f)

               in Article 3(1) of Appendix 5, the amount ‘EUR 12 174,06’ shall be replaced by: ‘EUR 12 356,67’;

               (g)

               in Article 3(1) of Appendix 5, the amount ‘EUR 2 739,17’ shall be replaced by: ‘EUR 2 780,26’;

               (h)

               in Article 3(2) of Appendix 5, the amount ‘EUR 16 434,98’ shall be replaced by: ‘EUR 16 681,50’;

               (i)

               in Article 4(1) of Appendix 5, the amount ‘EUR 1 217,41’ shall be replaced by: ‘EUR 1 235,67’;

               (j)

               in Article 4(1) of Appendix 5, the amount ‘EUR 913,07’ shall be replaced by: ‘EUR 926,77’;

               (k)

               in Article 4(1) of Appendix 5, the amount ‘EUR 608,70’ shall be replaced by: ‘EUR 617,83’;

               (l)

               in Article 4(1) of Appendix 5, the amount ‘EUR 486,96’ shall be replaced by: ‘EUR 494,26’;

               (m)

               in Article 5(3) of Appendix 5, the amount ‘EUR 1 718,01’ shall be replaced by: ‘EUR 1 743,78’;

               (n)

               in Article 5(3) of Appendix 5, the amount ‘EUR 2 290,68’ shall be replaced by: ‘EUR 2 325,04’;

               (o)

               in Article 5(3) of Appendix 5, the amount ‘EUR 2 863,34’ shall be replaced by: ‘EUR 2 906,29’.

         Article 2
   This Decision shall be published in the Official Journal of the European Union.
   Article 3
   This Decision shall take effect on the day following that of its adoption.

      Done at Luxembourg, 12 June 2007.

            For the Council

            The President

         W. SCHÄUBLE

      (1)  OJ C 26, 30.1.1999, p. 23. Act as last amended by Act of 29 November 2006 (OJ L 8, 13.1.2007, p. 66).

      (2)  OJ C 41, 24.2.2007, p. 3.

      (3)  Opinion delivered on 11 April 2007 (not yet published in the Official Journal).


title: 2004/707/EC: Decision of the European Parliament of 21 April 2004 concerning discharge to the Director of the European Agency for Reconstruction for the financial year 2002

text:
               21.4.2004

               EN

               Official Journal of the European Union

               L 330/1

         DECISION OF THE EUROPEAN PARLIAMENT
   of 21 April 2004
   concerning discharge to the Director of the European Agency for Reconstruction for the financial year 2002
   (2004/707/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the Court of Auditors' report on the financial statements of the European Agency for Reconstruction for the financial year 2002, together with the Agency's replies (1) (C5-0632/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0149/2004),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2) and in particular Article 185 thereof, and to Council Regulation (EC) No 1646/2003 of 18 June 2003 amending Regulation (EC) No 2667/2000 on the European Agency for Reconstruction (3), and in particular Article 8 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,
   having regard to Rule 93a of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy (A5-0212/2004),

               1.

               Gives discharge to the Director of the European Agency for Reconstruction, in respect of the implementation of its budget for the financial year 2002;

               2.

               Records its comments in the accompanying resolution;

               3.

               Instructs its President to forward this Decision and the accompanying Resolution to the Director of the European Agency for Reconstruction, the Council, the Commission and the Court of Auditors and to have them published in the Official Journal of the European Union (L series).

            The Secretary-General

         Julian PRIESTLEY

            The President

         Pat COX

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

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 245, 29.9.2003, p. 16.

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

               21.4.2004

               EN

               Official Journal of the European Union

               L 330/2

         RESOLUTION
   of the European Parliament containing the comments accompanying the decision on the discharge to the Director of the European Agency for Reconstruction in respect of the implementation of its budget for the financial year 2002
   THE EUROPEAN PARLIAMENT,
   having regard to the Court of Auditors' report on the financial statements of the European Agency for Reconstruction for the financial year 2002, together with the Agency's replies (1) (C5-0632/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0149/2004),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2) and in particular Article 185 thereof, and to Council Regulation (EC) No 1646/2003 of 18 June 2003 amending Regulation (EC) No 2667/2000 on the European Agency for Reconstruction, and in particular Article 8 thereof (3),
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,
   having regard to Rule 93 a of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy (A5-0212/2004),

               A.

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

               B.

               whereas on 8 April 2003 Parliament gave discharge (5) to the Director of the Agency in respect of the implementation of its budget for the 2001 financial year, on the basis of the report of the ECA, and in so doing Parliament in its resolution, inter alia:

                           —

                           insisted that the Agency, in line with previous observations of the ECA on financial statements and accounts, take all necessary steps to avoid the risk of errors occurring as a result of using spreadsheets for the purpose of keeping its accounts,

                           —

                           called on the Commission to report back to Parliament on the results of an administrative investigation into possible liability for mismanagement, as well as on measures taken were any disciplinary measures to have been deemed appropriate,

                           —

                           invited the Agency, with the aim of securing the protection of the financial interests of the Community, to ensure the systematic monitoring of all projects in the energy sector financed by EU funds; to take all relevant measures, in cooperation with UNMIK, the Kosovo Power Corporation (KEK) and the external supervisory contractors, with a view to achieving the long-term sustainability of investment in the energy sector; and to establish an overall plan for monitoring projects financed and evaluating their consistency with EU policy in the region;

               1.

               Notes the following figures for the accounts of the European Agency for Reconstruction for the financial years 2002 and 2001;
               Revenue and expenditure account for the financial years 2002 and 2001

                           (1000 euro)

                           2002

                           2001

                              Revenue

                           Comission subsidies (6)

                           462 804

                           517 633

                           Financial revenue

                           5 978

                           2 915

                           Miscellaneous revenue

                           495

                           135

                           Couterpart funds

                           497

                           5 787

                           Earmarked revenue

                           500

                           0

                              Total revenue (a)

                              470 274

                              526 469

                           Expenditure

                              Staff — Title I of the budget

                           Payments

                           17 771

                           13 418

                           Appropriations carried over

                           206

                           337

                              Administration — Title II of the budget

                           Payments

                           6 211

                           5 908

                           Appropriations carried over

                           2 037

                           1 217

                              Operating activities — Title III of the budget

                           Payments

                           138 512

                           327 345

                           Appropriations carried over

                           293 106

                           176 863

                              Total expenditure (b)

                              475 844

                              525 088

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

                              12 430

                              1 328

                           Balance carried over from the previous financial year

                           -73 127

                           -35 768

                           Payments on the Commission's behalf (6)

                           -25 407

                           -70 050

                           2001 payment appropriations which lapse (Title III)

                           0

                           31 061

                           2001 appropriations carried over which lapse (Titles I and II)

                           135

                           254

                           Cancellations of 2001 appropriations carried over

                           5 463

                           0

                           Carry-overs of further 2001 appropriations

                           -32 423

                           0

                           Exchange-rate differences

                           22

                           - 5

                              Balance for the financial year

                              - 122 908

                              -73 127

         Implementation of the budget

               2.

               Notes the ECA recommendation that forecasts for administrative expenditure (Title II) should be given careful attention so as to ensure that carry-overs and appropriations which lapse do not account for too great a part of the total administrative budget; expects the Agency, in line with the principle of budget accuracy, to take the necessary steps to comply with that recommendation;

         Financial statements

               3.

               Welcomes the fact that the Agency gave a positive follow-up to previous ECA observations, making progress in strengthening its internal control system by the introduction of the SI2 accounting system;

               4.

               Invites the Agency rapidly to give an equally positive follow-up to the ECA's and the Parliament's suggestion to introduce a reliable general accounting tool in all its centres and abandon the use of spreadsheets for its general accounts;

               5.

               Expects the Agency to promptly respond to the ECA invitation to clarify the status of funds made available to specialised bodies for the financing of loan programmes in specific fields and to adopt appropriate solutions as regards the way in which these funds should be recorded in the Agency's financial statements;

               6.

               Expresses its deep concern over the ECA's findings that a bank account had been opened in the Agency's name of whose existence the accounting officer had not been advised; notes the explanation provided by the Director of the Agency with regard to this matter; takes the view that in a complex decentralised environment, such as the one in which the Agency operates, matters relating to transactions with banks should be handled with the utmost care and transparency;

               7.

               Notes the measures that the Agency has taken, stated in its replies to the questionnaire, to avoid such a situation occurring again; invites the Agency to improve coordination between its accounting officer and the delegated accountants in the operational centres; also invites the Agency and the Commission to improve coordination between the Agency's accounting officer and the Commission's accounting Directorate;

               8.

               Invites the Commission's Internal Audit Service to look into this matter to identify potential systemic failures and make the necessary recommendations for remedying such problems;

         Legality and regularity of the underlying transactions

               9.

               Shares the concern expressed by the ECA in its report about the risk of a weakening of the Agency's internal control system which might come about through the proliferation of delegations issued by the Director for the implementation of the budget; stresses that cases such as the ones identified by the ECA, where commitments and payments were signed by employees not duly authorised to do so, are unacceptable as they are in breach of the financial rules; expects the Director to provide a full explanation of the circumstances in which this was allowed to happen and, further, to indicate the measures taken or initiated to prevent such incidents from occurring again;

               10.

               Expects the Agency to fully comply with the procedures for implementing the budget laid down in both the new Financial Regulation and the Framework Financial Regulation for the Agencies; invites the Director to give assurances that delegations will be reduced to the strict minimum, which is indispensable for the smooth running of the Agency and the implementation of its budget in accordance with sound financial management;

               11.

               Recalls that the European Parliament requested (8) the Commission to present, before June 2004, the evaluation report provided for in Article 14 of Regulation (EC) No 2667/2000 on the application of this regulation and a proposal on the status of the Agency;

         Horizontal points on the Agencies and the Commission

      Implementing the new Financial Regulation - Internal audit and control

               12.

               Reiterates the position taken in its resolutions (9) accompanying the discharge given to the Agencies for 2001 as regards the implementation of the new Financial Regulation; invites the Commission and the Agencies to continue their cooperation, in particular in the areas of accounting, internal audit, management and control procedures, so as to ensure that a coherent harmonised framework for the functioning of the Agencies is established;

               13.

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

               14.

               Stresses that it is essential that the Agencies be required to submit to the investigative powers of OLAF under the same conditions as the institutions (10); invites the ECA to provide information, in time for adoption of the discharge resolution, on whether the Community bodies which acceded to the Interinstitutional Agreement of 25 May 1999 (11) on internal investigations by OLAF did so in the same terms as those laid down in the Annex to this Agreement;

         Financial Management

               15.

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

               16.

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

         Review of the agencies

               17.

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

               18.

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

               19.

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

               20.

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

               21.

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

         New sources of financing

               22.

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

               23.

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

         Harmonised operating framework

               24.

               Recalls its position (12) that the multitude of different forms in the existing agencies''structures was thought to be ‘neither transparent nor comprehensible, and, even bearing in mind the differences in tasks, not justified’; invites the Commission to conduct a review of all the existing agencies with a view to proposing, where appropriate, amendments to their basic instruments (13), so as to adapt them to the models that the future regulatory framework should encompass; instructs its competent committees to follow up this comprehensive review exercise, which should be conducted as soon as possible, and to take into consideration the horizontal issues mentioned in this discharge resolution;

               25.

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

         Staff policy

               26.

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

               27.

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

               28.

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

               29.

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

               30.

               Is concerned about the serious anomalies detected in connection with the selection procedures of the European Monitoring Centre for Drugs and Drug Addiction, including: imprecise notice, incomplete selection committee minutes, criteria for assessing candidates not defined in advance (14); is very concerned that this might not be an isolated case but that Agencies in general might have difficulty in managing these rather complex procedures in a fair and transparent manner;

               31.

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

               32.

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

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

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 245, 29.9.2003, p. 16.

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

      (5)  OJ L 148, 16.6.2003, p. 95.

      (6)  Includes payments made by the Commission for the Agency to make payments on its behalf.

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

      (8)  OJ C 272 E, 13.11.2003, p. 482.

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

      (10)  Texts adopted, 13.1.2004, P5_TA(2004) 0015.

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

      (12)  P5_TA(2004) 0015 (paragraphs 13 and 14).

      (13)  P5_TA(2004) 0015 (paragraph 24).

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