title: 2014/37/EU: European Council Decision of 21 January 2014 appointing a member of the Executive Board of the European Central Bank

text:
               25.1.2014

               EN

               Official Journal of the European Union

               L 22/41

      EUROPEAN COUNCIL DECISION

   of 21 January 2014
   appointing a member of the Executive Board of the European Central Bank
   (2014/37/EU)
   THE EUROPEAN COUNCIL,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 283(2) thereof,
   Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.2 thereof,
   Having regard to the recommendation of the Council of the European Union (1),
   Having regard to the opinion of the European Parliament (2),
   Having regard to the opinion of the Governing Council of the European Central Bank (3),
   Whereas:

               (1)

               By letter dated 17 December 2013, the President of the European Central Bank, Mr Mario DRAGHI, announced the decision of Mr Jörg ASMUSSEN to resign from his position on the Executive Board prior to the end of his term of office on 31 December 2019. His resignation took effect on 7 January 2014. It is therefore necessary to appoint a new member of the Executive Board of the European Central Bank.

               (2)

               The European Council wishes to appoint Ms Sabine LAUTENSCHLÄGER who, in its view, fulfils all the requirements set out in Article 283(2) of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   Ms Sabine LAUTENSCHLÄGER is hereby appointed a member of the Executive Board of the European Central Bank for a term of office of eight years as from 27 January 2014.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 21 January 2014.

            For the European Council

            The President

         H. VAN ROMPUY

      (1)  OJ C 8, 11.1.2014, p. 1.

      (2)  Opinion delivered on 16 January 2014 (not yet published in the Official Journal).

      (3)  Opinion delivered on 8 January 2014 (not yet published in the Official Journal).


title: Council Decision of 7 May 2007 appointing Greek members and alternate members of the Advisory Committee on Social Security for Migrant Workers

text:
               17.5.2007

               EN

               Official Journal of the European Union

               C 111/4

      COUNCIL DECISION

   of 7 May 2007
   appointing Greek members and alternate members of the Advisory Committee on Social Security for Migrant Workers
   (2007/C 111/03)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (1), and in particular Article 82 thereof,
   Having regard to the lists of candidates submitted to the Council by the Governments of the Member States,
   Whereas:

               (1)

               in its Decision of 22 March 2007 (2) the Council appointed the members and alternate members of the Advisory Committee on Social Security for Migrant Workers for the period 22 March 2007 to 21 March 2009, except for the Greek members and alternate members;

               (2)

               the Greek members and alternate members should be appointed to fill the vacant seats,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following are hereby appointed members and alternate members of the Advisory Committee on Social Security for Migrant Workers for the period up to 21 March 2009:
   TRADE UNION REPRESENTATIVES

               Members

               Alternates

               Mr Fotis KOLEVENTIS
               Mr Apostolis KOKKINOS

               Mr Dimitris TOTSIKIAS

         REPRESENTATIVES OF EMPLOYERS' ORGANISATIONS

               Members

               Alternates

               Mr Lambros PAPAÏOANNOU
               Mr Petros GIANNOULOPOULOS

               Mr Ioannis PAPAGEORGIOU

      Done at Brussels, 7 May 2007.

            For the Council

            The President

         H. SEEHOFER

      (1)  OJ L 149, 5.7.1971, p. 2. Regulation last amended by Regulation (EC) No 1992/2006 of the European Parliament and the Council (OJ L 392, 30.12.2006, p. 1).

      (2)  Not yet published in the OJ.


title: 2004/865/EC: Council Decision of 6 December 2004 appointing two Luxembourg members and four Luxembourg alternate members of the Committee of the Regions

text:
               18.12.2004

               EN

               Official Journal of the European Union

               L 371/46

      COUNCIL DECISION

   of 6 December 2004
   appointing two Luxembourg members and four Luxembourg alternate members of the Committee of the Regions
   (2004/865/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Luxembourg Government,
   Whereas:

               (1)

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

               (2)

               Two seats as a member of the Committee of the Regions have become vacant following the resignation of Mr Jean ASSELBORN, notified to the Council on 21 September 2004, and Ms Lydia MUTSCH, notified to the Council on 18 October 2004, and four seats as an alternate member of the Committee of the Regions have become vacant following the resignation of Mr Romain SCHNEIDER, Mr Jean-Marie HALSDORF, Mr John LIBER and Mr Lucien LUX, notified to the Council on 18 October 2004,

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

               (a)

               as members:

                           —

                           Mr Etienne SCHNEIDER,
                           Councillor of the municipality of Kayl,
                           in place of Ms Lydia MUTSCH

                           —

                           Mr Romain SCHNEIDER,
                           Mayor of the town of Wiltz,
                           in place of Mr Jean ASSELBORN

               (b)

               as alternate members:

                           —

                           Mr Roby BIWER,
                           Mayor of the town of Bettembourg,
                           in place of Mr Lucien LUX

                           —

                           Mr Norbert HAUPERT,
                           Councillor of the municipality of Mondercange,
                           in place of Mr Jean-Marie HALSDORF

                           —

                           Ms Lydia MUTSCH,
                           Mayor of the town of Esch-sur-Alzette,
                           in place of Mr Romain SCHNEIDER

                           —

                           Ms Ferny NICKLAUS-FABER,
                           Councillor of the municipality of Luxembourg,
                           in place of Mr John LIBER

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

      Done at Brussels, 6 December 2004.

            For the Council

            The President

         H. HOOGERVORST

      (1)  OJ L 24, 26.1.2002, p. 38.


title: Council Decision of 4 September 2017 adopting the Council’s position on the draft general budget of the European Union for the financial year 2018

text:
               14.9.2017

               EN

               Official Journal of the European Union

               C 303/2

         COUNCIL DECISION
   of 4 September 2017
   adopting the Council’s position on the draft general budget of the European Union for the financial year 2018
   (2017/C 303/03)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314(3) thereof, in conjunction with the Treaty establishing the European Atomic Energy Community and in particular Article 106a thereof,
   Whereas:

               1.

               On 29 June 2017, the Commission submitted a proposal containing the draft general budget of the European Union for the financial year 2018 (1),

               2.

               The Council examined the Commission proposal with a view to defining a position consistent, on the revenue side, with Council Decision 2014/335/EU, Euratom of 26 May 2014 on the system of own resources of the European Union (2), and, on the expenditure side, with Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (3),

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Council’s position on the draft general budget of the European Union for the financial year 2018 was adopted by the Council on 4 September 2017.
   The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/

      Done at Brussels, 4 September 2017.

            For the Council

            The President

         M. MAASIKAS

      (1)  COM(2017) 400 final.

      (2)  OJ L 168, 7.6.2014, p. 105.

      (3)  OJ L 347, 20.12.2013, p. 884.


title: Decision of the European Parliament of 5 May 2010 on discharge in respect of the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2008

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/160

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on discharge in respect of the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2008
   (2010/526/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2008, together with the Centre’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 1920/2006 of the European Parliament and of the Council of 12 December 2006 on the European Monitoring Centre for Drugs and Drug Addiction (3), and in particular Article 15 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 Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0067/2010),

               1.

               Grants the Director of the European Monitoring Centre for Drugs and Drug Addiction discharge in respect of the implementation of the Centre’s budget for the financial year 2008;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 304, 15.12.2009, p. 148.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 376, 27.12.2006, p. 1.

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

               25.9.2010

               EN

               Official Journal of the European Union

               L 252/161

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2008
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2008, together with the Centre’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 1920/2006 of the European Parliament and of the Council of 12 December 2006 on the European Monitoring Centre for Drugs and Drug Addiction (3), and in particular Article 15 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 Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0067/2010),

               A.

               whereas the Court of Auditors states that it has obtained reasonable assurances that the annual accounts for the financial year 2008 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas on 23 April 2009 Parliament granted the Director of the European Monitoring Centre for Drugs and Drug Addiction discharge for implementation of the Centre’s budget for the financial year 2007 (5), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           noted that the Centre had set up regular procedures and tools for regular supervisory and ex post controls and further developed human resources management, in particular by setting up a dedicated human resources portal on its intranet,

                           —

                           congratulated the Centre on its close cooperation with the European Maritime Safety Agency, which is also based in Lisbon, in order to share buildings and make joint use of infrastructures and services, and noted that its move into its own premises was scheduled for the third quarter of 2009,

               1.

               Is pleased to note that the Court of Auditors has been able to obtain reasonable assurances that the annual accounts of the Centre for the financial year ended 31 December 2008 are, in all material respects, reliable, and that the underlying transactions, taken as a whole, are legal and regular;

      Performance

               2.

               Stresses how important it is for the Centre to set SMART objectives and RACER indicators in its programming, with a view to assessing its performance; notes, however, the assertion by the Centre that it took those observations into consideration in its 2009 work programme;

               3.

               Calls, further, on the Centre to consider making a Gantt diagram part of the programming for each of its operational activities, with a view to indicating in concise form the amount of time spent by each staff member on a project and encouraging an approach geared towards achieving results;

               4.

               Notes that in the coming years the discharge for the implementation of the budget for the Centre should be further based on the Centre’s performance throughout the year;

      Internal audit

               5.

               Acknowledges that the Centre has implemented 15 of the 41 recommendations made by the Internal Audit Service (IAS) since 2006; notes that, of the 26 that are still in progress, 14 are considered to be ‘very important’ and mainly concern preparedness for the move (as regards quality control of the new location, precautions against damage from flooding, a business continuity plan and investment in equipment) and the implementation of the internal control standards (as regards staff promotions, staff appraisal, risk management and the recording of exceptions);

               6.

               Notes that the Centre’s accounts for the financial year 2008 show income from interest in the amount of EUR 107 591,31; concludes from the annual closure of accounts and the amount of interest payments that the Centre maintains high cash reserves over long periods; notes that as of 31 December 2008 the Centre’s cash reserves amounted to EUR 1 635 537,86 and that appropriations totalling EUR 354 051,31, which, as result of a bank book-keeping error, had been included in the Centre’s accounts as an amount receivable, were credited to the Centre’s bank account early in 2009; calls on the Commission to examine ways of ensuring that the principle of needs-based cash management, as laid down in Article 15(5) of Regulation (EC, Euratom) No 2343/2002, is implemented in full and what changes in approach are needed to ensure that the Centre’s cash reserves are kept as low as possible on a long-term basis;

               7.

               Refers, for other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 5 May 2010 (6) on the performance, financial management and control of the agencies.

      (1)  OJ C 304, 15.12.2009, p. 148.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 376, 27.12.2006, p. 1.

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

      (5)  OJ L 255, 26.9.2009, p. 137.

      (6)  Texts adopted, P7_TA(2010)0139. See page 241 of this Official Journal


Avis juridique important

|

31997D0225

97/225/EC: Council Decision of 10 April 1995 concerning the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Iceland, the Kingdom of Norway and the Swiss Confederation relating to the amendment of the Convention of 20 May 1987 on a common transit procedure

Official Journal L 091 , 05/04/1997 P. 0013 - 0013

COUNCIL DECISION of 10 April 1995 concerning the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Iceland, the Kingdom of Norway and the Swiss Confederation relating to the amendment of the Convention of 20 May 1987 on a common transit procedure (97/225/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228 (2) first sentence thereof,Having regard to the proposal from the Commission,Whereas Article 15 (2) of the Convention between the European Economic Community and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation on a common transit procedure (1) empowers the Joint Committee set up by that Convention to make recommendations for amendments to the Convention;Whereas the Joint Committee has recommended an amendment to the Convention to permit the recovery of charges by means of mutual assistance between the Contracting Parties;Whereas the amendments in question are set out in recommendation No 1/94 of the Joint Committee; whereas it is appropriate to approve the Agreement in the form of an Exchange of Letters relating to that recommendation,HAS DECIDED AS FOLLOWS:Article 1 The Agreement in the form of an Exchange of Letters between the European Community and the Republic of Iceland, the Kingdom of Norway and the Swiss Confederation relating to the amendment of the Convention of 20 May 1987 on a common transit procedure is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2 The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.Done at Luxembourg, 10 April 1995.For the CouncilThe PresidentA. JUPPÉ(1) OJ No L 226, 13. 8. 1987, p. 2.


title: Decision (EU) 2017/1324 of the European Parliament and of the Council of 4 July 2017 on the participation of the Union in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) jointly undertaken by several Member States

text:
               18.7.2017

               EN

               Official Journal of the European Union

               L 185/1

         DECISION (EU) 2017/1324 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 4 July 2017
   on the participation of the Union in the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) jointly undertaken by several Member States
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 185 and the second paragraph of Article 188 thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the ordinary legislative procedure (2),
   Whereas:

               (1)

               In its Communication of 3 March 2010 entitled ‘Europe 2020: A strategy for smart, sustainable and inclusive growth’, the Commission emphasised the need to develop favourable conditions for investment in knowledge and innovation so as to achieve smart, sustainable and inclusive growth in the Union. Both the European Parliament and the Council have endorsed that strategy.

               (2)

               By its resolutions of 28 July 2010 and 18 December 2013, the General Assembly of the United Nations recognised the right to safe and clean drinking water and sanitation as a human right that is essential for the full enjoyment of life. It also called for the progressive realisation of the human right to safe drinking water, emphasising the important role of international cooperation in that context.

               (3)

               Regulation (EU) No 1291/2013 of the European Parliament and of the Council (3) established the Framework Programme for Research and Innovation (2014-2020) (‘Horizon 2020’). Horizon 2020 aims to achieve a greater impact on research and innovation by contributing to the strengthening of public-public partnerships, including through Union participation in programmes undertaken by several Member States, with a view to sustainable development.

               (4)

               Public-public partnerships should aim to develop closer synergies, increase coordination and avoid unnecessary duplication with Union, international, national and regional research and innovation programmes, and should fully respect the general principles of Horizon 2020, with the aim of strengthening research and innovation in order to contribute towards sustainable development, in particular those relating to openness and transparency.

               (5)

               In accordance with Article 19(2) of Regulation (EU) No 1291/2013, research and innovation activities carried out under the Partnership for Research and Innovation in the Mediterranean Area (PRIMA) are to have an exclusive focus on civil applications.

               (6)

               Regulation (EU) No 1291/2013 identified ‘Food security, sustainable agriculture and forestry, marine, maritime and inland water research, and the bioeconomy’ and ‘Climate action, environment, resource efficiency and raw materials’ as two of the priority societal challenges to be addressed by supporting investment in research and innovation. Moreover, Regulation (EU) No 1291/2013 recognises that research and innovation activities for those challenges are to be carried out at the Union level and beyond given the transnational and global nature of the climate and the environment, their scale and complexity, and the international dimension of the food and agricultural supply chain.

               (7)

               Regulation (EU) No 1291/2013 acknowledges that international cooperation with third countries is necessary to address common challenges effectively. International cooperation in research and innovation is a key aspect of the Union's global commitments and has an important role to play in the Union's partnership with European Neighbourhood countries. In that respect, the Mediterranean area is strategically important for the Union from a political, economic, cultural, scientific and environmental point of view.

               (8)

               In order to ensure consistency with Regulation (EU) No 1290/2013 of the European Parliament and of the Council (4), actions which fall within the scope of this Decision should respect fundamental rights and observe the principles acknowledged in particular by the Charter of Fundamental Rights of the European Union. Such actions should be in conformity with any legal obligation stemming from international law, Union law, inter alia, any relevant Commission decisions such as the Commission notice of 28 June 2013 (5), as well as with ethical principles, which include avoiding any breach of research integrity.

               (9)

               In its Communication of 7 June 2016 on establishing a new Partnership Framework with third countries under the European Agenda on Migration, the Commission emphasised the need for all policies, including research and innovation, to address the root causes of migration through a new cooperation model involving private investors, as well as the need to leverage limited budget resources and to focus on small and medium-sized enterprises (SMEs) and sustainable infrastructure.

               (10)

               PRIMA aims to implement a joint programme to foster research and innovation capacities and to develop knowledge and common innovative solutions for improving the efficiency, safety, security and sustainability of agro-food systems and of integrated water provision and management in the Mediterranean area. PRIMA should contribute to the achievement of the recently agreed Sustainable Development Goals and to the forthcoming European Sustainable Development Strategy as well as to the goals of the Paris Agreement.

               (11)

               Integrated water provision and management, including reuse and treatment of water, means that all the different uses of water resources are considered.

               (12)

               Sustainable agro-food systems should aim to meet the requirements of citizens and the environment for safe, healthy and affordable food and to make food and feed processing, distribution and consumption more sustainable with the aim of minimising food losses and agro-food waste.

               (13)

               With regard to water resources and agro-food systems, open, democratic and participatory governance is crucial to ensure that the most cost-effective solutions are implemented for the benefit of society as a whole.

               (14)

               With a view to ensuring participation of the third countries not associated to Horizon 2020 in PRIMA, namely Algeria, Egypt, Jordan, Lebanon and Morocco, international agreements for scientific and technological cooperation between the Union and those third countries are required in order to extend to them the legal regime established by this Decision.

               (15)

               In line with the objectives of Horizon 2020, any other Member State and any third country associated to Horizon 2020 should be entitled to participate in PRIMA if it commits to contributing to the financing of PRIMA and to take the legislative, regulatory, administrative and other measures necessary for protecting the Union's financial interests.

               (16)

               In order to ensure the joint implementation of PRIMA, an implementation structure (‘PRIMA-IS’) should be set up. PRIMA-IS should be the recipient of the Union financial contribution and it should ensure the efficient and transparent implementation of PRIMA.

               (17)

               In order to achieve the objectives of PRIMA, any other third country not associated to Horizon 2020, in particular Southern Mediterranean countries, should be able to participate if it commits to contributing to the financing of PRIMA and if PRIMA-IS approves its participation. Its participation should also be provided for by the relevant international agreement for scientific and technological cooperation between such third country and the Union.

               (18)

               The Union financial contribution should be subject to formal commitments from the Participating States to contribute to the financing of PRIMA and to the fulfilment and implementation of those commitments in accordance with this Decision. Flexibility should be provided to the Participating States to contribute financially to PRIMA-IS on an optional basis with a view to funding indirect actions, thereby achieving a high degree of financial integration. Furthermore, Participating States should contribute financially or in kind to activities implemented without the Union financial contribution and to the administrative budget of PRIMA-IS not covered by the Union financial contribution. The period during which the Participating States are to provide their contribution should be clearly defined.

               (19)

               A ceiling should be established for the Union financial contribution to PRIMA with funding from Horizon 2020. Under that ceiling, the Union financial contribution should be equal to the Participating States' contribution to PRIMA in order to achieve a high leverage effect and ensure a stronger integration of the Participating States' programmes. It should be possible to use a limited part of the Union financial contribution to cover the administrative costs of PRIMA-IS. An efficient administration of PRIMA should be ensured and administrative costs should be kept to a minimum.

               (20)

               In order to avoid a protracted implementation of PRIMA, a deadline should be fixed for the launch of the final activities to be funded, including the final calls for proposals.

               (21)

               PRIMA activities should be in line with the objectives and research and innovation priorities of Horizon 2020 and with the general principles and conditions laid down in Article 26 of Regulation (EU) No 1291/2013. PRIMA should take into account the definitions of the Organisation for Economic Cooperation and Development regarding the Technological Readiness Level in the classification of technological research, product development and demonstration activities.

               (22)

               PRIMA should support all types of research and innovation activities, including research, development and innovation projects, innovative demonstrators and pilot plants, capacity building, training, awareness-raising and dissemination actions, and researcher mobility, addressing a wide range of Technology Readiness Levels and ensuring an appropriate balance between small and large projects.

               (23)

               In order to have a greater impact, coherence between PRIMA and other research and innovation projects under Horizon 2020, such as the European Institute of Innovation and Technology Food Knowledge and Innovation Community (‘Food KIC’), or other Union instruments, such as the European Neighbourhood and Partnership Instrument, should be sought and possible overlaps should be avoided.

               (24)

               PRIMA should be implemented on the basis of annual work plans setting out the activities to be undertaken in a given year. PRIMA-IS should monitor regularly the results of calls for proposals and the actions it funds and the extent to which scientific topics, expected impacts and oversubscription in terms of proposals above threshold that could not be funded have been adequately addressed. In justified cases, PRIMA-IS should undertake corrective actions by amending the annual work plan or in subsequent annual work plans.

               (25)

               In order to achieve the objectives of PRIMA, PRIMA-IS should provide financial support mainly in the form of grants to participants, for actions funded by PRIMA-IS. Those actions should be selected following open and competitive calls for proposals under the responsibility of PRIMA-IS.

               (26)

               Barriers preventing the participation of newcomers in PRIMA activities should be monitored and addressed.

               (27)

               In achieving the objectives of PRIMA, and in line with the applicable rules and principles, such as the principle of scientific excellence, PRIMA-IS should aim to provide, through the annual work plan, an appropriate share of its funding, approximately 25 % of the Union financial contribution, reflecting the commitments of Mediterranean Partner Countries to PRIMA, to legal entities established in targeted third countries considered to be Participating States.

               (28)

               Calls for proposals managed by PRIMA-IS should also be published on the single portal for participants, as well as through other Horizon 2020 electronic means of dissemination managed by the Commission.

               (29)

               PRIMA-IS should make information on the implementation of the actions funded publicly available.

               (30)

               The Union financial contribution should be managed in accordance with the principle of sound financial management and with the rules on indirect management laid down in Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6) and Commission Delegated Regulation (EU) No 1268/2012 (7).

               (31)

               In order to protect the Union's financial interests, the Commission should have the right to terminate, reduce or suspend the Union financial contribution if PRIMA is implemented inadequately, partially or late, or if the Participating States do not contribute, or contribute partially or late, to the financing of PRIMA.

               (32)

               In line with the overall aim of Horizon 2020 of achieving greater simplification, sets of rules that are different from those of Horizon 2020 should be avoided. Therefore, participation in indirect actions funded by PRIMA-IS is subject to Regulation (EU) No 1290/2013. However, due to the unique objectives and specific operating needs of PRIMA, it is necessary to provide for a limited number of derogations in accordance with Article 1(3) of that Regulation.

               (33)

               In order to account for the specificities resulting from the geographical scope of PRIMA, derogations from point (b) of Article 9(1) and from Article 9(3) of Regulation (EU) No 1290/2013 are necessary to adjust the minimum eligibility conditions for participation in indirect actions. In particular, in order to adapt to the specificities of PRIMA the minimum number of participants should, by way of derogation from point (b) of Article 9(1) of Regulation (EU) No 1290/2013, be three legal entities established in three different Participating States, fostering balanced Euro-Mediterranean cooperation. A derogation from Article 9(3) of Regulation (EU) No 1290/2013 is also necessary in order to ensure that the minimum eligibility conditions for participation in indirect actions do not discriminate against entities established in third countries that are Participating States.

               (34)

               Derogations from Article 10(1) and (2) of Regulation (EU) No 1290/2013 are necessary in order to ensure that, as a general rule, only legal entities established in a Participating State or created under Union law, or international European interest organisations, are eligible for funding. However, PRIMA-IS should also be able to fund beneficiaries established in a country that is not a Participating State, provided that such participation is deemed to be essential by PRIMA-IS or if funding is provided for under an international agreement or arrangement. The participation of such entities should be monitored by PRIMA-IS.

               (35)

               For the purpose of simplification, the administrative burden should be strictly proportionate to the foreseeable effects on all parties. Double audits and disproportionately burdensome documentation or reporting should be avoided. When audits are conducted, the specificities of the national programmes should be taken into account, as appropriate.

               (36)

               Audits of recipients of Union funds provided in accordance with this Decision should ensure a reduction of the administrative burden, in accordance with Regulation (EU) No 1291/2013.

               (37)

               The Union's financial interests should be protected through proportionate measures throughout the expenditure cycle, including the prevention, detection and investigation of irregularities, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, administrative sanctions in accordance with Regulation (EU, Euratom) No 966/2012.

               (38)

               The Commission, taking into account the views of the Participating States as well as the views expressed by a wide range of stakeholders, should conduct an interim evaluation assessing in particular the quality and efficiency of PRIMA and the progress made towards the objectives set, and a final evaluation, and should prepare reports on those evaluations.

               (39)

               Upon request from the Commission, PRIMA-IS and the Participating States should submit any information that the Commission needs to include in the reports on the evaluation of PRIMA and, in doing so, should be encouraged to use a harmonised format.

               (40)

               The objective of this Decision is to strengthen the integration and alignment of research and innovation systems and activities in Mediterranean countries in the fields of agro-food systems, to make them sustainable, and of integrated water provision and management. The scale of the research and innovation necessary to address the challenges in the Mediterranean area is immense due to the systemic character of the major bottlenecks. The scope of research and innovation is complex, multidisciplinary and requires a multi-actor and cross-border approach. A collaborative approach with a wide set of Participating States can help to increase the required scale and scope, by pooling financial and intellectual resources. Since the objective of this Decision cannot be sufficiently achieved by the Member States, but can rather, by integrating national efforts into a consistent Union approach, by bringing together compartmentalised national research and innovation programmes, by helping design common research and funding strategies across national borders, and by achieving the critical mass of actors and investments required, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve that objective.

               (41)

               The Union should therefore participate in PRIMA,

         HAVE ADOPTED THIS DECISION:
   Article 1
   Participation in PRIMA
   1.   The Union shall participate in the Partnership for Research and Innovation in the Mediterranean Area (‘PRIMA’), jointly undertaken by Croatia, Cyprus, France, Germany, Greece, Israel, Italy, Luxembourg, Malta, Portugal, Slovenia, Spain, Tunisia and Turkey (‘Participating States’), in accordance with the conditions laid down in this Decision.
   2.   Algeria, Egypt, Jordan, Lebanon and Morocco shall become Participating States subject to the conclusion of international agreements for scientific and technological cooperation with the Union setting out the terms and conditions of their participation in PRIMA.
   3.   Any Member State and any third country associated to Horizon 2020, other than one listed in paragraph 1 of this Article, may participate in PRIMA provided that it fulfils the condition laid down in point (c) of Article 4(1) and complies, in particular, with Article 11(5).
   Member States and third countries associated to Horizon 2020 that fulfil the conditions set out in the first subparagraph shall be considered to be Participating States for the purposes of this Decision.
   4.   Any third country not associated to Horizon 2020, other than one listed in paragraph 2 of this Article, may participate in PRIMA provided that:

               (a)

               it fulfils the condition laid down in point (c) of Article 4(1) and complies, in particular, with Article 11(5);

               (b)

               the implementation structure for PRIMA (‘PRIMA-IS’) approves its participation in PRIMA after examining the relevance of its participation to achieving the objectives of PRIMA; and

               (c)

               it concludes an international agreement for scientific and technological cooperation with the Union setting out the terms and conditions of its participation in PRIMA.

         Third countries that fulfil the conditions set out in the first subparagraph shall be considered to be Participating States for the purposes of this Decision.
   Article 2
   Objectives of PRIMA
   1.   In line with the priorities of Horizon 2020, the general objectives of PRIMA are to build research and innovation capacities and to develop knowledge and common innovative solutions for agro-food systems, to make them sustainable, and for integrated water provision and management in the Mediterranean area, to make those systems and that provision and management more climate resilient, efficient, cost-effective and environmentally and socially sustainable, and to contribute to solving water scarcity, food security, nutrition, health, well-being and migration problems upstream.
   2.   In order to contribute to the general objectives set out in paragraph 1, PRIMA shall fulfil the following specific objectives:

               (a)

               the formulation of a long-term, common, strategic agenda in the area of agro-food systems, to make them sustainable, and in the area of integrated water provision and management;

               (b)

               the orientation of relevant national research and innovation programmes towards the implementation of the strategic agenda;

               (c)

               the involvement of all relevant public and private sector actors in implementing the strategic agenda by pooling knowledge and financial resources to achieve the necessary critical mass;

               (d)

               the strengthening of the research and innovation funding capacities and of the implementation capabilities of all actors involved including SMEs, academia, non-governmental organisations and local research centres.

         Article 3
   Union financial contribution to PRIMA
   1.   The Union financial contribution, including EFTA appropriations, shall equal the Participating States' contributions to PRIMA. The Union financial contribution shall not exceed EUR 220 000 000.
   2.   The Union financial contribution referred to in paragraph 1 of this Article shall be paid from the appropriations in the general budget of the Union allocated to the relevant parts of the specific programme implementing Horizon 2020, established by Council Decision 2013/743/EU (8), and in particular from Part II ‘Industrial leadership’ and Part III ‘Societal challenges’, in accordance with point (c)(vi) of Article 58(1) and Articles 60 and 61 of Regulation (EU, Euratom) No 966/2012.
   3.   The Union financial contribution referred to in paragraph 1 of this Article shall be used by PRIMA-IS to:

               (a)

               fund the activities referred to in point (a) of Article 6(1);

               (b)

               cover PRIMA-IS administrative costs, up to a maximum of 6 % of the Union financial contribution referred to in paragraph 1 of this Article.

         Article 4
   Conditions for the Union financial contribution to PRIMA
   1.   The Union financial contribution referred to in Article 3(1) shall be conditional upon the following:

               (a)

               the demonstration by the Participating States that PRIMA is set up in accordance with this Decision;

               (b)

               the designation by the Participating States, or by organisations designated by the Participating States, of an entity with legal personality, as referred to in point (c)(vi) of Article 58(1) of Regulation (EU, Euratom) No 966/2012, as PRIMA-IS, which shall be responsible for implementing PRIMA efficiently, for receiving, allocating and monitoring the Union financial contribution referred to in Article 3(1) of this Decision as well as the Participating States' contributions, where appropriate, and for ensuring that all necessary actions are undertaken to achieve the objectives of PRIMA;

               (c)

               the commitment by each Participating State to contribute to the financing of PRIMA with an adequate contribution from national resources relevant to the objectives of PRIMA;

               (d)

               the demonstration by PRIMA-IS of its capacity to implement PRIMA, including receiving, allocating and monitoring the Union financial contribution referred to in Article 3(1) of this Decision in the framework of indirect management of the Union budget in accordance with Articles 58, 60 and 61 of Regulation (EU, Euratom) No 966/2012;

               (e)

               the establishment of an efficient governance model for PRIMA in accordance with Article 12;

               (f)

               the adoption by PRIMA-IS, after obtaining approval from the Commission, of the common principles referred to in Article 6(9).

         2.   During the implementation of PRIMA, the Union financial contribution referred to in Article 3(1) shall also be conditional upon the following:

               (a)

               the implementation by PRIMA-IS of the objectives set out in Article 2, and of the activities referred to in Article 6;

               (b)

               the maintenance of an appropriate and efficient governance model in accordance with Article 12;

               (c)

               the compliance by PRIMA-IS with the reporting requirements set out in Article 60(5) of Regulation (EU, Euratom) No 966/2012;

               (d)

               the fulfilment by the Participating States of the commitments referred to in point (c) of paragraph 1 of this Article.

         3.   The Commission shall assess the fulfilment of commitments undertaken by the Participating States, in particular through the first two annual work plans. Following that assessment, the maximum Union financial contribution referred to in Article 3(1) may be reviewed in accordance with Article 9.
   Article 5
   Participating States' contributions to PRIMA
   1.   The Participating States shall make or arrange for their national funding bodies to make contributions, whether financial or in kind, of at least EUR 220 000 000 during the period from 7 August 2017 until 31 December 2028.
   2.   The Participating States' contributions shall consist of the following:

               (a)

               where appropriate, financial contributions to PRIMA-IS in view of funding indirect actions referred to in point (a) of Article 6(1);

               (b)

               financial or in-kind contributions in implementing activities referred to in point (b) of Article 6(1); and

               (c)

               financial or in-kind contributions to the administrative budget of PRIMA-IS not covered by the Union financial contribution as set out in point (b) of Article 3(3).

         3.   In-kind contributions referred to in point (b) of paragraph 2 of this Article shall consist of costs incurred by the Participating States in implementing activities referred to in point (b) of Article 6(1), less any direct or indirect Union financial contribution to those costs.
   4.   In-kind contributions referred to in point (c) of paragraph 2 shall consist of costs incurred by the Participating States in relation to the administrative budget of PRIMA-IS, less any direct or indirect Union financial contribution to those costs.
   5.   For the purpose of valuing the in-kind contributions referred to in points (b) and (c) of paragraph 2, the costs shall be determined in accordance with the usual accounting practices of the Participating States or the national funding bodies concerned, the applicable accounting standards of the Participating State where the national funding bodies concerned are established and the applicable International Accounting Standards and International Financial Reporting Standards. The costs shall be certified by an independent auditor appointed by the Participating States or the national funding bodies concerned. Should there be any uncertainty arising from the certification, the valuation method may be verified by PRIMA-IS. In the event of remaining uncertainties, the valuation method may be audited by PRIMA-IS.
   6.   Contributions referred to in points (a), (b) and (c) of paragraph 2 of this Article counting as contributions from Participating States shall be made after the adoption of the annual work plan. If the annual work plan is adopted during the reference year referred to in Article 6(2), the contributions referred to in point (c) of paragraph 2 of this Article, counting as contributions from Participating States included in the annual work plan, may comprise contributions made as from 1 January of that year. However, the contributions referred to in point (c) of paragraph 2 of this Article, counting as contributions from Participating States included in the first annual work plan, may comprise contributions made after 7 August 2017.
   Article 6
   Activities and implementation of PRIMA
   1.   PRIMA shall support a wide range of research and innovation activities, as described in its annual work plan, by means of:

               (a)

               indirect actions within the meaning of Regulations (EU) No 1290/2013 and (EU) No 1291/2013 funded by PRIMA-IS in accordance with Article 7 of this Decision, mainly in the form of grants following transnational open and competitive calls for proposals organised by PRIMA-IS, including:

                           (i)

                           research and innovation actions, as well as innovation actions;

                           (ii)

                           coordination and support actions focusing on dissemination and outreach to promote PRIMA and maximise its impacts;

               (b)

               activities funded by the Participating States without the Union financial contribution referred to in Article 3(1) consisting of:

                           (i)

                           activities selected following transnational open and competitive calls for proposals organised by PRIMA-IS, managed by the national funding bodies under the national programmes of the Participating States, providing financial support mainly in the form of grants;

                           (ii)

                           activities under the national programmes of the Participating States including transnational projects.

         2.   PRIMA shall be implemented on the basis of annual work plans covering activities to be undertaken for the period from 1 January to 31 December of a given year (‘reference year’). PRIMA-IS shall adopt the annual work plans by 31 March of the reference year, after obtaining approval from the Commission. In adopting the annual work plans, both PRIMA-IS and the Commission shall act without undue delay. PRIMA-IS shall make the annual work plan publicly available.
   3.   Activities referred to in points (a) and (b) of paragraph 1 may be launched only in the reference year and only after the adoption of the annual work plan for that year.
   4.   If the annual work plan is adopted during the reference year, the Union financial contribution referred to in Article 3(1) may be used to reimburse the administrative costs of PRIMA-IS incurred from 1 January of that reference year in line with the annual work plan. However, the Union financial contribution referred to in Article 3(1) may reimburse administrative costs of PRIMA-IS incurred as from 7 August 2017 in line with the first annual work plan.
   5.   Activities may be funded under PRIMA only if they are set out in the annual work plan. The annual work plan shall distinguish between the activities referred to in point (a) of paragraph 1 of this Article, the activities referred to in point (b) of paragraph 1 of this Article and the administrative costs of PRIMA-IS. It shall provide for their corresponding expenditure estimates as well as for the budget allocation to activities funded with the Union financial contribution referred to in Article 3(1) and to activities funded by the Participating States without the Union financial contribution referred to in Article 3(1). The annual work plan shall also include the estimated value of the Participating States' in-kind contributions referred to in point (b) of Article 5(2).
   6.   Amended annual work plans for a reference year and annual work plans for subsequent reference years shall take into account the results of previous calls for proposals. They shall endeavour to address insufficient coverage of scientific topics in particular those initially addressed in activities under point (b) of paragraph 1 that could not be adequately funded.
   7.   The final activities to be funded, including the final calls for proposals under the relevant annual work plans shall be launched by 31 December 2024. In duly justified cases, they may be launched by 31 December 2025.
   8.   Activities to be funded by the Participating States without the Union financial contribution referred to in Article 3(1) may be included in the annual work plan only following the positive outcome of their external independent evaluation by international peer review with regard to the objectives of PRIMA, as organised by PRIMA-IS.
   9.   Activities included in the annual work plan that are funded by the Participating States without the Union financial contribution referred to in Article 3(1) shall be implemented in compliance with common principles to be adopted by PRIMA-IS, after obtaining approval from the Commission. The common principles shall take into account the principles set out in this Decision, in Title VI of Regulation (EU, Euratom) No 966/2012 and in Regulation (EU) No 1290/2013, in particular the principles of equal treatment, transparency, independent peer review evaluation and selection. PRIMA-IS shall also adopt, after obtaining approval from the Commission, the reporting requirements of the Participating States to PRIMA-IS, including with regard to indicators inserted into each of those activities.
   10.   The activities referred to in point (b)(i) of paragraph 1 shall, in addition to the common principles referred to in paragraph 9, comply with the following conditions:

               (a)

               the proposals shall be for transnational projects, with minimum participation of at least three independent legal entities established in three different countries considered to be Participating States in accordance with this Decision by the submission deadline under the relevant call for proposals, of which:

                           (i)

                           at least one is established in a Member State or third country associated to Horizon 2020 and does not fall under point (ii); and

                           (ii)

                           at least one is established in a third country listed in Article 1(2), or in a third country bordering the Mediterranean Sea;

               (b)

               the proposals shall be selected following transnational calls for proposals and shall be evaluated with the assistance of at least three independent experts, on the basis of the following award criteria: excellence, impact, and quality and efficiency of the implementation;

               (c)

               the proposals shall be ranked according to the evaluation results. The selection shall be made by PRIMA-IS and should follow that ranking. The Participating States shall agree on an adequate funding mode that allows for the maximising of the number of proposals above threshold to be funded on the basis of that ranking, in particular by providing reserve amounts to the national contributions for calls for proposals. In the event that one or more projects cannot be funded, the projects following directly in the ranking may be selected.

         11.   PRIMA-IS shall monitor and report to the Commission on the implementation of all activities included in the annual work plan.
   12.   Any communication or publication relating to the activities of PRIMA, and performed in cooperation with PRIMA, whether undertaken by PRIMA-IS, a Participating State or its national funding bodies, or participants to an activity, shall be labelled or co-labelled as follows:‘[name of the activity] is part of the PRIMA programme supported by the European Union’.
   Article 7
   Rules for participation and dissemination
   1.   PRIMA-IS shall be considered to be a funding body within the meaning of Regulation (EU) No 1290/2013 and shall provide financial support to indirect actions referred to in point (a) of Article 6(1) of this Decision in accordance with the rules set out in that Regulation, subject to the derogations set out in this Article.
   2.   By way of derogation from point (b) of Article 9(1) of Regulation (EU) No 1290/2013, the minimum number of participants shall be three legal entities established in three different countries considered to be Participating States in accordance with this Decision by the submission deadline under the relevant call for proposals of which:

               (a)

               at least one is established in a Member State or third country associated to Horizon 2020 and does not fall under point (b); and

               (b)

               at least one is established in a third country listed in Article 1(2), or in a third country bordering the Mediterranean Sea.

         3.   By way of derogation from Article 9(3) of Regulation (EU) No 1290/2013, in duly justified cases provided for in the annual work plan, the minimum condition shall be the participation of one legal entity established in a Participating State in accordance with this Decision by the submission deadline under the relevant call for proposals.
   4.   By way of derogation from Article 10(1) and (2) of Regulation (EU) No 1290/2013, the following participants are eligible for funding by PRIMA-IS:

               (a)

               any legal entity established in a Participating State or created under Union law;

               (b)

               any international European interest organisation, as defined in point (12) of Article 2(1) of Regulation (EU) No 1290/2013.

         5.   In the case of a participating international organisation or of a participating legal entity established in a country which is not a Participating State, neither of which is eligible for funding in accordance with paragraph 4, funding by PRIMA-IS may be granted provided that at least one of the following conditions is fulfilled:

               (a)

               participation is deemed to be essential for carrying out the action by PRIMA-IS;

               (b)

               such funding is provided for under a bilateral scientific and technological agreement or any other arrangement between the Union and the international organisation or, for entities established in a country which is not a Participating State, the country in which the legal entity is established.

         6.   Without prejudice to Regulation (EU, Euratom) No 966/2012, to Delegated Regulation (EU) No 1268/2012 and to Regulation (EU) No 1290/2013, the applicable model grant agreement may lay down that also legal entities established in countries which are not Participating States and which receive funding from PRIMA-IS shall provide appropriate financial guarantees.
   7.   Without prejudice to Regulation (EU) No 1290/2013, and taking into account the specificities of PRIMA, PRIMA-IS may introduce in the annual work plans an additional condition for participation in order to address the type of entities that can be coordinators in indirect actions.
   Article 8
   Agreements between the Union and PRIMA-IS
   1.   Subject to a positive ex-ante assessment of PRIMA-IS in accordance with Article 61(1) of Regulation (EU, Euratom) No 966/2012 and provision of adequate financial guarantees in accordance with point (c)(vi) of Article 58(1) of that Regulation, the Commission, on behalf of the Union, shall conclude a delegation agreement and annual transfer of funds agreements with PRIMA-IS.
   2.   The delegation agreement referred to in paragraph 1 of this Article shall be concluded in accordance with Article 58(3) and Articles 60 and 61 of Regulation (EU, Euratom) No 966/2012 and Article 40 of Delegated Regulation (EU) No 1268/2012. It shall also set out, inter alia, the following:

               (a)

               the requirements for PRIMA-IS contribution regarding the performance indicators set out in Annex II to Decision 2013/743/EU;

               (b)

               the requirements for PRIMA-IS contribution to the monitoring referred to in Annex III to Decision 2013/743/EU;

               (c)

               the specific performance indicators related to the functioning of PRIMA-IS;

               (d)

               the requirements for PRIMA-IS regarding the provision of information on administrative costs and of detailed figures concerning the implementation of PRIMA;

               (e)

               the arrangements regarding the provision of data necessary to ensure that the Commission is able to meet its dissemination and reporting obligations;

               (f)

               the arrangements for the approval or rejection by the Commission of the draft annual work plan, the common principles referred to in Article 6(9) and the reporting requirements of the Participating States, before they are adopted by PRIMA-IS; and

               (g)

               provisions for the publication of calls for proposals by PRIMA-IS, in particular on the single portal for participants, as well as through other Horizon 2020 electronic means of dissemination managed by the Commission.

         Article 9
   Termination, reduction or suspension of the Union financial contribution
   1.   If PRIMA is not implemented or is implemented inadequately, partially or late, the Commission may terminate, proportionally reduce or suspend the Union financial contribution referred to in Article 3(1) in line with the actual implementation of PRIMA.
   2.   If the Participating States do not contribute, or contribute partially or late, to the financing of PRIMA the Commission may terminate, proportionally reduce or suspend the Union financial contribution referred to in Article 3(1), taking into account the amount of funding allocated by the Participating States to implement PRIMA.
   Article 10
   Ex-post audits
   1.   Ex-post audits of expenditure on indirect actions referred to in point (a) of Article 6(1) of this Decision shall be carried out by PRIMA-IS in accordance with Article 29 of Regulation (EU) No 1291/2013.
   2.   The Commission may decide to carry out the audits referred to in paragraph 1 itself. In such cases, it shall do so in accordance with the applicable rules, in particular the provisions of Regulations (EU, Euratom) No 966/2012, (EU) No 1290/2013 and (EU) No 1291/2013.
   Article 11
   Protection of the financial interests of the Union
   1.   The Commission shall take appropriate measures to ensure that, when actions financed under this Decision are implemented, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by effective, proportionate and dissuasive administrative sanctions.
   2.   PRIMA-IS shall grant Commission staff and other persons authorised by the Commission, as well as the Court of Auditors, access to its sites and premises and to all the information, including information in electronic format, that is needed in order to conduct their audits.
   3.   The European Anti-Fraud Office (OLAF) may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Council Regulation (Euratom, EC) No 2185/96 (9) and Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (10) with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with a grant agreement or grant decision or a contract funded, directly or indirectly, in accordance with this Decision.
   4.   Without prejudice to paragraphs 1, 2 and 3, contracts, grant agreements and grant decisions, resulting from the implementation of this Decision shall contain provisions expressly empowering the Commission, PRIMA-IS, the Court of Auditors and OLAF to conduct such audits and investigations in accordance with their respective competences. Where the implementation of an action is outsourced or sub-delegated, in whole or in part, or where it requires the award of a procurement contract or financial support to a third party, the contract, grant agreement or grant decision shall include the contractor's or beneficiary's obligation to impose on any third party involved explicit acceptance of those powers of the Commission, PRIMA-IS, the Court of Auditors and OLAF.
   5.   In implementing PRIMA, the Participating States shall take the legislative, regulatory, administrative and other measures necessary for protecting the Union's financial interests, in particular, to ensure full recovery of any amounts due to the Union in accordance with Regulation (EU, Euratom) No 966/2012 and Delegated Regulation (EU) No 1268/2012.
   Article 12
   Governance of PRIMA
   1.   The bodies of PRIMA-IS shall include:

               (a)

               a Board of Trustees, which shall have a Chair and a Co-Chair;

               (b)

               a Steering Committee;

               (c)

               a Secretariat, headed by a Director;

               (d)

               a Scientific Advisory Committee.

         2.   PRIMA-IS shall be governed by the Board of Trustees, in which all Participating States are represented. The Board of Trustees shall be the decision-making body of PRIMA-IS.
   The Board of Trustees shall, after obtaining approval from the Commission, adopt:

               (a)

               the annual work plan;

               (b)

               the common principles referred to in Article 6(9); and

               (c)

               the Participating States' reporting requirements to PRIMA-IS.

         The Board of Trustees shall verify that the conditions set out in Article 1(3) and point (c) of Article 4(1) are fulfilled and shall inform the Commission accordingly.
   The Board of Trustees shall approve the participation in PRIMA of any third country not associated to Horizon 2020 other than those listed in Article 1(2) after examining the relevance of its participation to achieving the objectives of PRIMA.
   Each Participating State shall have one vote in the Board of Trustees. Decisions shall be taken by consensus. Where no consensus is reached the Board of Trustees shall adopt its decisions by a majority of at least 75 % of the valid votes cast.
   The Union, represented by the Commission, shall be invited to all the meetings of the Board of Trustees as an observer, and may take part in the discussions. It shall receive all necessary documents.
   3.   The Board of Trustees shall determine the number of Steering Committee members, which shall not be less than five, and shall appoint them. The Steering Committee shall monitor the work of the director and advise the Board of Trustees on the implementation of PRIMA by the Secretariat. In particular, it shall provide guidance on the implementation of the annual budget and on the annual work plan.
   4.   The Board of Trustees shall establish the Secretariat of PRIMA-IS as the executive body of PRIMA.
   The Secretariat shall:

               (a)

               implement the annual work plan;

               (b)

               provide support to the other bodies of PRIMA-IS;

               (c)

               monitor and report on the implementation of PRIMA;

               (d)

               manage the Union financial contribution referred to in Article 3(1) and the Participating States' financial contributions and report on their use;

               (e)

               increase the visibility of PRIMA through advocacy and communication;

               (f)

               liaise with the Commission in accordance with the delegation agreement referred to in Article 8;

               (g)

               ensure the transparency of PRIMA activities.

         5.   The Board of Trustees shall appoint a Scientific Advisory Committee consisting of renowned independent experts, competent in areas relevant to PRIMA. The Board of Trustees shall establish the number of Scientific Advisory Committee members, and the arrangements for their appointment in accordance with Article 40 of Regulation (EU) No 1290/2013.
   The Scientific Advisory Committee shall:

               (a)

               advise the Board of Trustees on strategic priorities and needs;

               (b)

               advise the Board of Trustees on the content and scope of the draft annual work plan from a scientific and technical standpoint;

               (c)

               review the scientific and technical aspects of the implementation of PRIMA and deliver an opinion on its annual report.

         Article 13
   Communication of information
   1.   At the request of the Commission, PRIMA-IS shall provide the Commission with any information necessary for the preparation of the reports referred to in Article 14.
   2.   The Participating States shall submit to the Commission, through PRIMA-IS, any information requested by the European Parliament, by the Council or by the Court of Auditors concerning the financial management of PRIMA.
   3.   The Commission shall include the information referred to in paragraph 2 of this Article in the reports referred to in Article 14.
   Article 14
   Evaluation
   1.   By 30 June 2022 the Commission shall conduct an interim evaluation of PRIMA with the assistance of independent experts. The Commission shall prepare a report on that evaluation which includes the conclusions of the evaluation and observations by the Commission. The Commission shall submit that report to the European Parliament and to the Council by 31 December 2022.
   2.   By 31 December 2028, the Commission shall conduct a final evaluation of PRIMA with the assistance of independent experts. The Commission shall prepare a report on that evaluation which includes the results of that evaluation and shall submit that report to the European Parliament and to the Council by 30 June 2029.
   Article 15
   Entry into force
   This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 16
   Addressees
   This Decision is addressed to the Member States.

      Done at Strasbourg, 4 July 2017.

            For the European Parliament

            The President

         A. TAJANI

            For the Council

            The President

         M. MAASIKAS

      (1)  OJ C 125, 21.4.2017, p. 80.

      (2)  Position of the European Parliament of 13 June 2017 (not yet published in the Official Journal) and decision of the Council of 26 June 2017.

      (3)  Regulation (EU) No 1291/2013 of the European Parliament and of the Council of 11 December 2013 establishing Horizon 2020 — the Framework Programme for Research and Innovation (2014-2020) and repealing Decision No 1982/2006/EC (OJ L 347, 20.12.2013, p. 104).

      (4)  Regulation (EU) No 1290/2013 of the European Parliament and of the Council of 11 December 2013 laying down the rules for participation and dissemination in ‘Horizon 2020 — the Framework Programme for Research and Innovation (2014-2020)’ and repealing Regulation (EC) No 1906/2006 (OJ L 347, 20.12.2013, p. 81).

      (5)  OJ C 205, 19.7.2013, p. 9.

      (6)  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).

      (7)  Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1).

      (8)  Council Decision 2013/743/EU of 3 December 2013 establishing the specific programme implementing Horizon 2020 — the Framework Programme for Research and Innovation (2014-2020) and repealing Decisions 2006/971/EC, 2006/972/EC, 2006/973/EC, 2006/974/EC and 2006/975/EC (OJ L 347, 20.12.2013, p. 965).

      (9)  Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).

      (10)  Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).

      Statement by the Commission on financial guarantees for the PRIMA Implementation Structure

                  1.

                  In relation to the PRIMA initiative, the EU Financial Regulation in its Article 58(1)(c)(vi) stipulates that the Commission may entrust implementation of the Union budget to a body governed by private law with a public service mission (Implementation Structure — IS). Such a body must provide adequate financial guarantees.

                  2.

                  In order to respect sound financial management of EU funds, these guarantees should cover, without limitation of scope or amounts, any debt of the IS towards the Union related to all implementation tasks as foreseen in the Delegation Agreement. The Commission normally expects the guarantors to accept the joint and several liability for debts of the IS.

                  3.

                  However, on the basis of a detailed risk assessment, in particular if the outcome of the ex-ante pillar assessment carried out to the IS in line with Article 61 of the Financial Regulation is deemed to be adequate, the Commission Authorising Officer in charge of PRIMA will envisage that:

                              —

                              Taking into account the principle of proportionality, the financial guarantees requested from the IS may be limited to the maximum amount of the Union contribution.

                              —

                              In accordance, the liability of each guarantor may be proportionate to the share of their contribution to PRIMA.

                        The guarantors may agree on the modalities in which they will cover this liability in their respective letters of declaration on liabilities.


title: Decision of the European Parliament of 5 May 2010 on discharge in respect of the implementation of the budget of the European Medicines Agency for the financial year 2008

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/164

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on discharge in respect of the implementation of the budget of the European Medicines Agency for the financial year 2008
   (2010/528/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Medicines Agency for the financial year 2008,
   having regard to the Court of Auditors’ report on the final annual accounts of the European Medicines Agency for the financial year 2008, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 726/2004 of the European Parliament and of the Council (3) establishing a European Medicines Agency, and in particular Article 68 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 Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0078/2010),

               1.

               Grants the Executive Director of the European Medicines Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2008;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 304, 15.12.2009, p. 27.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 136, 30.4.2004, p. 1.

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

               25.9.2010

               EN

               Official Journal of the European Union

               L 252/165

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Medicines Agency for the financial year 2008
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Medicines Agency for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European Medicines Agency for the financial year 2008, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 726/2004 of the European Parliament and of the Council (3) establishing a European Medicines Agency, and in particular Article 68 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 Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0078/2010),

               A.

               whereas the Court of Auditors states that it has obtained reasonable assurances that the annual accounts for the financial year 2008 are reliable, and that the underlying transactions are legal and regular,

               B.

               whereas on 23 April 2009 Parliament granted the Executive Director of the European Medicines Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2007 (5), and in its resolution accompanying the discharge decision noted, inter alia:

                           —

                           weaknesses in budgetary management concerning the Telematics Programme,

                           —

                           weaknesses as regards procurement procedures,

                           —

                           progress towards ensuring compliance with the fee regulation,

               1.

               Notes that in 2008 the Agency’s budget amounted to EUR 182 900 000, compared to EUR 163 100 000 in the previous year; notes furthermore that the Agency received 2,4 % less by way of Community contribution than in 2007, the Community contribution amounting to EUR 34 000 000 in 2008;

      Performance

               2.

               Congratulates the Agency on having put in place sophisticated activity-based budgeting and user-satisfaction monitoring; also notes that the Agency is currently examining the functioning of its committee structure to enhance interactions in the light of an increase in the number of scientific committees and related scientific work;

      Carry-over of appropriations

               3.

               Is concerned that the Court of Auditors has pointed out that the budget appropriations carried over and cancelled have amounted respectively to EUR 36 000 000 (19,7 % of the budget) and EUR 9 700 000 (5,3 % of the budget); points out, as noted in previous financial years, that the high level of carry-overs for administrative expenditure — EUR 21 400 000 — was mainly due to IT expenditure for setting up a telematics programme for the regulation of medical products; is consequently concerned, as this situation has existed for a number of years and is at odds with the annuality principle;

      Procurement procedures

               4.

               Calls on the Agency to improve the quality of its procurement procedures so as to put an end to the shortcomings identified by the Court of Auditors (for instance, as regards the application of evaluation methods for the price criteria and as regards the essential need for justifications for the choice of procedures);

               5.

               Takes note of the Agency’s longstanding policy of entering into a forward foreign exchange contract in order to hedge part of its administrative budget against unfavourable fluctuations in the exchange rate of sterling; expects the Agency to manage such transactions prudently; recommends that a working group be set up to observe and closely monitor the hedging strategy;

      Revenue from fees

               6.

               Points out that the fees charged for evaluation services are the main source of the Agency’s revenue, accounting for 70,2 % of its total revenue in 2008; draws attention in this context to the importance of the instrument for assigned revenue, designed for agencies whose revenue derives from fees, for dealing with unforeseeable market trends;

               7.

               Notes that the Agency reported EUR 2 046 000 in income from interest in 2008; concludes from the financial statements and from the level of the interest payments that the Agency has a permanently extremely high level of cash holdings; notes that on 31 December 2008 the Agency’s cash holdings amounted to EUR 41 887 000; asks the Commission to examine what scope there is for helping to ensure that the cash holdings are managed entirely on a needs-orientated basis, in accordance with Article 15(5) of Regulation (EC, Euratom) No 2343/2002, and what changes of approach are necessary in order to keep the Agency’s cash holdings permanently as low as possible;

      Human resources

               8.

               Observes that the authorised establishment plan provided for 481 posts in 2008, of which 469 were filled by the end of 2008; notes that an additional 41 support staff (auxiliary, contractual, national experts on secondment) were recruited in 2008, and that the total number of staff thus amounted to 587;

      Internal audit

               9.

               Acknowledges that the Commission’s Internal Audit Service in its audit report made one ‘critical’ recommendation, relating to the area of experts’ conflicts of interests, and eight ‘very important’ recommendations, in the areas of documentation of conflicts of interest for the Agency’s staff, databases used to support the administrative procedures for evaluation and development of guidelines for filing and full implementation of such guidelines;

               10.

               Congratulates the Agency on having adopted a code of conduct setting out principles and guidance on independence and confidentiality applicable to Board and Committee members, experts and the Agency’s staff;

               11.

               Refers, for other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 5 May 2010 (6) on the performance, financial management and control of the agencies.

      (1)  OJ C 304, 15.12.2009, p. 27.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 136, 30.4.2004, p. 1.

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

      (5)  OJ L 255, 26.9.2009, p. 117.

      (6)  Texts adopted, P7_TA(2010)0139. See page 241 of this Official Journal.