title: 2014/76/EU: Council Decision of 11 February 2014 appointing the members of the panel provided for in Article 255 of the Treaty on the Functioning of the European Union

text:
               12.2.2014

               EN

               Official Journal of the European Union

               L 41/18

      COUNCIL DECISION

   of 11 February 2014
   appointing the members of the panel provided for in Article 255 of the Treaty on the Functioning of the European Union
   (2014/76/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the second paragraph of Article 255 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,
   Having regard to the initiative by the President of the Court of Justice on 25 November 2013,
   Whereas:

               (1)

               Pursuant to the first paragraph of Article 255 of the Treaty on the Functioning of the European Union, a panel is to be set up in order to give an opinion on candidates’ suitability to perform the duties of Judge and Advocate-General of the Court of Justice and the General Court before the Governments of the Member States make the appointments (hereafter referred to as the ‘panel’).

               (2)

               The panel is to comprise seven persons chosen from among former members of the Court of Justice and the General Court, members of national supreme courts and lawyers of recognised competence, one of whom is to be proposed by the European Parliament.

               (3)

               Account should be taken of a balanced membership of the panel, both in geographical terms and in terms of representation of the legal systems of the Member States.

               (4)

               The members of the panel and its President should therefore be appointed,

         HAS ADOPTED THIS DECISION:
   Article 1
   For a period of four years from 1 March 2014, the following shall be appointed members of the panel provided for in Article 255 of the Treaty on the Functioning of the European Union:

               Mr Jean-Marc SAUVÉ, President

               Mr Luigi BERLINGUER

               Ms Pauliine KOSKELO

               Lord MANCE

               Mr Péter PACZOLAY

               Mr Christiaan TIMMERMANS

               Mr Andreas VOSSKUHLE

         Article 2
   This Decision shall enter into force on 1 March 2014.

      Done at Brussels, 11 February 2014.

            For the Council

            The President

         E. VENIZELOS


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32001D0370

2001/370/EC: Council Decision of 7 May 2001 appointing a Portuguese alternate member of the Committee of the Regions

Official Journal L 130 , 12/05/2001 P. 0041 - 0041

Council Decisionof 7 May 2001appointing a Portuguese alternate member of the Committee of the Regions(2001/370/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 Council Decision of 26 January 1998(1) appointing the members and alternate members of the Committee of the Regions,Whereas a seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr José Agostinho GOMES PEREIRA DE GOUVEIA, notified to the Council on 8 January 2001,Having regard to the proposal from the Portuguese Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr João Carlos CUNHA E SILVA is hereby appointed an alternate member of the Committee of the Regions in place of Mr José Agostinho GOMES PEREIRA DE GOUVEIA, for the remainder of his term of office, which runs until 25 January 2002.Done at Brussels, 7 May 2001.For the CouncilThe PresidentB. Ringholm(1) OJ L 28, 4.2.1998, p. 19.


title: Annex to draft Statute

text:
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51998AP0426

Annex to draft Statute

Official Journal C 398 , 21/12/1998 P. 0024

A4-0426/98Resolution on the draft Statute for Members of the European ParliamentThe European Parliament,- having regard to the Treaty of Amsterdam, and in particular Article 2(38)(b) and Article 6(65)(d) thereof (Article 190(5) of the consolidated version),- having regard to the Act concerning the election of representatives of the European Parliament by direct universal suffrage which is appended to the Council Decision of 20 September 1976 and in particular Articles 1 to 6 thereof,- having regard to the Protocol on the privileges and immunities of the European Communities and in particular Articles 8, 9 and 10 thereof,- having regard to Rule 148 of its Rules of Procedure,- having regard to the report of the Committee on Legal Affairs and Citizens' Rights and the opinion of the Committee on Institutional Affairs (A4-0426/98),A. whereas pursuant to Article 6 of the Treaty establishing the European Community any discrimination in the Statute for Members on grounds of nationality shall be prohibited,B. whereas, without prejudice to the above, the institutions called upon under the Treaty of Amsterdam to take part in the decision relating to the regulations and general conditions governing the performance of Members' duties can and must adopt preparatory and complementary measures prior to the entry into force of the Treaty of Amsterdam,C. whereas, for the first time in its history, the European Parliament is in a position to adopt itself a single Statute for Members,D. whereas this Statute should enter into force as soon as the ratification of the Treaty of Amsterdam provides a legal basis for the adoption thereof,E. whereas the transparency which is a hallmark of the new Treaty of Amsterdam requires all the European institutions to ensure that the decision-making processes are made as public as possible, particularly, in the case of the European Parliament, if the matters under discussion refer to the rights and obligations of its Members,1. Hereby puts forward the attached draft Statute for Members of the European Parliament;2. States in that connection that before fixing, during the parliamentary term following adoption of the Statute, the parliamentary allowance for the exercise of the office of Member of the European Parliament, it shall commission a study by external, independent experts to assess, on the basis of objective criteria, the work of a Member of the European Parliament;3. States further that in the course of the parliamentary term following adoption of the Statute it intends to take a decision as to whether and on what basis emoluments from the exercise of a public office should be offset against the parliamentary allowance received by a Member of the European Parliament;4. Asks the Commission for its opinion;5. Instructs its President, in cooperation with the chairman of the Committee on Legal Affairs and Citizens¨ Rights, the rapporteur and three representatives of the political groups appointed by the Conference of Presidents to hold the requisite discussions with the Council in order to obtain the latter¨s unanimous approval and expresses its hope that an initial exchange may take place at the Vienna European Council on 11 and 12 December 1998;6. Instructs its President, the chairman of the Committee on Legal Affairs and Citizens' Rights and the rapporteur to keep the committee responsible regularly informed of the outcome of those discussions;7. Calls on the Bureau to take a decision to adopt a system for reimbursement of duly substantiated travel expenses which have been incurred in respect of journeys undertaken in the performance of Members' duties, pursuant to Annex 1 to this resolution.The Bureau shall take this decision in the light of the Statute.The current system for the reimbursement of other expenses (general expenditure allowance, subsistence allowance and the allowance for personal staff) is set out in Annex 2 to this resolution.8. Instructs its Secretary-General, once the above decision has been adopted, to publish all the provisions concerning the Statute for Members in a consolidated version;9. Instructs its President to forward this resolution and the draft Statute for Members to the Council, the Commission and the parliaments and governments of the Member States.ANNEX 1 REFERRED TO IN PARAGRAPH 7 OF THE RESOLUTION1. Members shall be entitled to reimbursement of duly substantiated expenses which have been incurred in respect of journeys undertaken in the performance of their duties.2. Reimbursement shall be capped at the cost of:- a business-class ticket for air travel,- a first-class ticket for journeys by rail.3. For journeys in which the Member uses his own vehicle, a flat-rate payment per kilometre may be made.4. Journeys shall be deemed to include travel from the Member's residence to the airport or station.5. This entitlement shall cover:- journeys to official meetings of the European Parliament and of its bodies,- journeys authorised by the body responsible under the Rules of Procedure,- all other journeys in performance of the Member's duties, with a ceiling of EUR 3000 per year.ANNEX 2 REFERRED TO IN PARAGRAPH 7 OF THE RESOLUTIONArticle 1By way of flat-rate reimbursement of expenses incurred in the performance of their duties, Members shall receive a general expenditure allowance of a monthly lump sum of EUR 3262.Article 2Members shall receive a daily subsistence allowance of EUR 231 for each day on which they perform their duties by attending official meetings of the European Parliament.Article 3The European Parliament may modify the amounts referred to in Articles 1 and 2 in line with the general trend in prices.Article 4The President of the European Parliament shall have at his disposal a fund for representation purposes. The use of that fund shall be subject to budgetary control.Equivalent arrangements for chairmen of parliamentary committees or delegations may be adopted by the body responsible under to the Rules of Procedure.Article 51. The monthly allowance for personal staff shall be EUR 9 596.2. The allowance for personal staff shall be increased annually by a percentage based on a mean index of inflation in the European Union.3. The European Parliament shall transfer the salary and contributions directly into the account of the staff member concerned or to a third party, the social security authorities, tax offices and professional organisations.DRAFT STATUTEDraft Statute for Members of the European ParliamentThe European Parliament,- having regard to the Treaties establishing the European Communities, and in particular Article 190(5) of the Treaty establishing the European Community, Article 21(4) of the Treaty establishing the European Coal and Steel Community and Article 108(4) of the Treaty establishing the European Atomic Energy Community (consolidated version),- having regard to the Act concerning the election of representatives of the European Parliament by direct universal suffrage which is appended to the Council Decision of 20 September 1976 and, in particular, Articles 1 to 6 thereof,- having regard to the Protocol on the privileges and immunities of the European Communities and, in particular, Articles 8, 9 and 10 thereof,- having regard to the opinion of the Commission,- having obtained the approval of the Council,A. Whereas the provisions on the rights and obligations of the Members of the European Parliament set out in the Treaties establishing the European Communities and the protocols and acts annexed thereto must be supplemented by regulations and general conditions governing the performance of their duties, in order to do justice to Parliament's responsibility and to ensure equal treatment for Members. In the Member States in which they are elected, Members should be placed on an equal footing with national parliamentary representatives in respect of their activities there associated with the exercise of their office;B. Whereas pursuant to the Treaties, the decisions required for this purpose must be taken by the European Parliament after seeking an opinion from the Commission and with the approval of the Council acting unanimously. Such decisions should come into force only in the parliamentary term following that in which the decision was taken;C. Whereas steps must be taken to ensure, as guaranteed by the Treaties, that Members exercise their office free of any constraints;D. Whereas equal treatment for Members must be guaranteed by means of the provision of the following payments and services by the European Parliament:- a monthly parliamentary allowance for a Member's activities,- a social security system comprising entitlement to old-age pensions for Members and their survivors and provision against invalidity, accidents and sickness, and for pregnancy and birth,- the reimbursement of costs actually incurred,- assistance from staff chosen by Members themselves and from officials of the European Parliament,- offices, telecommunications equipment and official cars;E. Whereas transitional arrangements governing the monthly parliamentary allowance must be introduced for the duration of the first parliamentary term during which this Statute is applied. The provisional amount of that parliamentary allowance will be calculated by taking the average of the emoluments of all the Members of the European Parliament granted by the Member State parliaments;F. Whereas proper exercise of the office of Member of the European Parliament is called into question by the taking up of other parliamentary offices. Parliamentary allowances for the exercise of such offices must therefore be offset against the parliamentary allowance received by Members of the European Parliament;G. Whereas in order to safeguard acquired rights, it is imperative for re-elected Members of the European Parliament to be able to opt, throughout the period of the first parliamentary term in which these arrangements apply, to receive their parliamentary allowance on the basis of the previously applicable national provisions. Members and former Members must be able to retain rights and expectancies acquired before the entry into force of this decision;Has decided:Article 1The Statute shall lay down the rights and duties of Members of the European Parliament.Article 2The representatives in the European Parliament of the peoples of the Member States of the European Union shall be elected by direct universal suffrage.Only citizens of the European Union may be elected to the European Parliament. Their title shall be 'Members of the European Parliament'.Article 3Incompatibilities1. At Community levelWithout prejudice to the incompatibilities referred to in Article 6 of the Act of 20 September 1976, the office of Member of the European Parliament shall be incompatible with that of:- Judge, Advocate-General or Registrar of the Court of First Instance and the Court of Justice of the European Communities;- Member of the Governing Council of the European Central Bank;- Member of the Committee of the Regions;- Member of the Economic and Social Committee;- Member of the Commission;- Member of the Court of Auditors;- Member of the Board of Directors, Management Committee or staff of the European Investment Bank;- Member of the Parliament of a Member State;- Chairman of the executive of a local or regional authority, including mayor of a town with over 100 000 inhabitants;- Member of the Government of a Member State.2. At national levelIncompatibilities laid down in national law shall be notified to the European Parliament by the Member State concerned. If a Member State intends to establish further incompatibilities it shall submit the draft legislation to the European Parliament which, within a reasonable period of time not under any circumstances exceeding three months, shall issue an opinion. Under no circumstances shall the incompatibilities established by the Member State have legal effect until the next elections are held.If the appropriate authorities of a Member State or the European Union notify the President of the European Parliament of an appointment to an office which is incompatible with the office of Member of the European Parliament, the President shall announce this to Parliament and shall call upon the Member concerned to state within a period of one month whether he/she intends to take up the office in question or to remain a Member of the European Parliament. If the Member states that he/she intends to take up the office, Parliament will be asked to declare his/her seat vacant. The President shall notify the appropriate authorities of the Member State or the Union of the decision taken by the Member concerned and shall ask the authorities in question to forward the name of a replacement or to resolve the situation of incompatibility, if need be, by accepting the resignation of the Member concerned from the office in question.Article 4The independent mandate1. Members of the European Parliament shall vote independently. They shall not be bound by instructions or by any mandate.2. Agreements concerning the resignation from office of a Member before the end of the parliamentary term or the way in which the office of Member is to be exercised shall be null and void.Article 5ImmunityThe European Parliament shall rule on a request for the waiver of the immunity of one of its Members in accordance with principles which it shall adopt on a proposal from the committee responsible.Article 6Duration of the mandateMembers of the European Parliament shall be elected for a five-year period beginning and ending with the opening of the first part-session following each election.Article 7Verification of credentials and validity of mandatePursuant to the provisions of the Act of 20 September 1976, Parliament shall verify the credentials without delay and rule on the validity of the mandate of each of its elected Members in accordance with its Rules of Procedure.Until such time as a Member's credentials have been verified or a ruling has been given on any dispute, the Member shall take his seat in Parliament and on its bodies and shall enjoy all the rights attaching thereto.Article 8Vacant seatsA Member's term of office shall end in the event of his/her resignation, death or disqualification.Any resigning Member shall submit his/her resignation in writing to the President of the European Parliament in accordance with the provisions laid down in Parliament's Rules of Procedure.The date on which a Member's term of office comes to an end and on which his/her seat falls vacant shall be the date on which Parliament declares the vacancy in accordance with the provisions laid down in its Rules of ProcedureIn the event of the death of a Member, the latter's seat shall remain vacant with effect from the date on which the President notifies Parliament that a death has occurred.In cases in which the laws of a Member State specifically disqualify a Member from serving at the European Parliament, that Member's term of office shall not be concluded until the competent national court has taken a final decision. The competent national authorities shall notify the European Parliament of this. The seat shall fall vacant with effect from the date on which the European Parliament was notified of the disqualification.Article 9SubstitutionAny vacant seat must be filled within the shortest possible time.Without prejudice to what is laid down in Article 8, the President of the European Parliament shall without delay notify the appropriate authorities of the Member State concerned if a seat falls vacant as a result of death or resignation.The appropriate authorities of the Member State concerned shall inform the President of the European Parliament of the name of the person who, on the basis of the most recent elections held, is entitled to occupy the vacant seat.Article 10Parliamentary allowance, end-of-service allowance and pension1. Members shall be entitled to a parliamentary allowance for the exercise of their office, and, after the end of their term of office, to an end-of-service allowance and a pension.2. Agreements concerning the use of the parliamentary allowance, end-of-service allowance or pension for other than private purposes shall be null and void.3. The implementation of this Article shall be governed by the provisions of the Annex.Article 11Reimbursement of costs1. Members shall be entitled to reimbursement of the costs actually incurred in the performance of their duties.2. A flat rate may be set for general monthly expenses, the daily allowance and travel by Members using their own vehicles.3. The reimbursement shall not be subject to any tax.4. Article 10(2) shall apply mutatis mutandis.5. The European Parliament shall enact, through the body responsible under its Rules of Procedure, the provisions for the implementation of this Article.Article 12Members and former Members in receipt of a pension shall be entitled to reimbursement of the expenses arising from sickness, pregnancy or the birth of a child.Members shall be entitled to insurance cover against the risks linked to the performance of their duties.Article 13Members shall be entitled to assistance from personal staff.Article 14Members shall be assisted by the officials of the European Parliament.Article 15Members shall be entitled to use the European Parliament's available technical resources, including, in particular, offices, telecommunications equipment and official cars, pursuant to the rules drawn up on the matter.Article 16All discussions and decisions by the competent bodies concerning the implementation of this Statute shall be held or taken in public meetings.Article 171. This Decision supplements the provisions of Articles 189, 190, 196, 197, 198 and 199 of the Treaty establishing the European Community, Articles 20, 21, 22, 23 and 25 of the Treaty establishing the European Coal and Steel Community, Articles 107, 108, 109, 110, 111 and 112 of the Treaty establishing the European Atomic Energy Community, Articles 1 to 6 of the Act concerning the election of representatives of the European Parliament by direct universal suffrage and Articles 8 to 10 of the Protocol on the privileges and immunities of the European Communities.2. The provisions referred to in paragraph 1, this Decision and the implementing measures adopted on the basis of this Decision constitute the definitive Statute for Members of the European Parliament. Without prejudice to the transitional arrangements provided for in Article 2 of the Annex, laws and administrative provisions of the Member States which contradict this Decision shall cease to apply.3. In the Member States in which they are elected, Members shall be accorded the same treatment as members of national parliaments in respect of the activities they carry out there in the performance of their duties.Article 18Transitional arrangementsThe European Parliament shall establish, during the parliamentary term following the adoption of the Statute, a special transitional regime concerning the parliamentary allowance and social insurance, pension and taxation arrangements of Members.Article 19Final provision1. This Decision shall be binding in its entirety and shall be directly applicable in every Member State.2. This Decision and all amendments hereto shall be published in the Official Journal of the European Communities. They shall enter into force on the date of publication.3. This Decision shall apply as from the beginning of the parliamentary term following the date of its entry into force. Amendments to this Decision shall be applicable only from the beginning of the parliamentary term following that in which the relevant decision was taken.Annex to draft StatuteA. Parliamentary allowance for exercise of officeThe following Articles 1 to 5 shall apply by way of a transitional arrangement:Article 11. Members elected to the European Parliament for the first time shall receive a monthly parliamentary allowance, payable in advance, of EUR [5677.22].The parliamentary allowance shall be equivalent to the annually updated average parliamentary allowance received by all Members from the national parliaments at the time of adoption of the Statute.2. The parliamentary allowance shall be subject only to the tax payable to the European Communities.Article 21. Re-elected Members may opt to receive the parliamentary allowance pursuant to Article 1 or to retain the national parliamentary allowance paid hitherto.2. Members failing to notify the President of the European Parliament within 30 days after assuming office, in writing and irrevocably, of their decision in accordance with paragraph 1 shall receive the parliamentary allowance pursuant to Article 1.Article 31. The parliamentary allowance to be paid pursuant to Article 1 shall be reduced by the amount received by a Member by way of parliamentary allowance for the exercise of another parliamentary mandate.2. Rules shall be adopted at a later date concerning the offsetting of income from a public office against the parliamentary allowance.Article 41. Articles 1 and 2 shall cease to apply upon expiry of the parliamentary term following adoption of the Statute.2. During the first parliamentary term following adoption of the Statute, the European Parliament shall, in accordance with the procedure under Article 190(5) of the Treaty establishing the European Community, adopt uniform rules governing the parliamentary allowance for all Members which shall apply as from the commencement of the second parliamentary term following adoption of the Statute.Article 5At the end of his/her term of office, a Member whose pension is not yet payable shall be entitled to an end-of-service allowance equivalent to the parliamentary allowance pursuant to Article 1.This entitlement shall continue for one month per year in which membership of the European Parliament has been exercised, but not for less than six months or more than 12 months.Any remuneration or pension derived from membership of another parliament or a public office shall be offset.The end-of-service allowance shall be subject only to the tax payable to the European Communities.In the case of Members who, pursuant to Article 2(1), opt for the national parliamentary allowance, the end-of-service allowance shall be governed by national rules.B. PensionArticle 61. The pension shall be payable as from age 60.2. The amount of the pension shall be, for each full year in which the Member of the European Parliament was in receipt of the parliamentary allowance corresponding to his/her duties, 3.5% of the parliamentary allowance, up to a maximum of 70%.3. Pension payments to which a former Member is entitled in respect of membership of another parliament which has run simultaneously with membership of the European Parliament shall be deducted from the pension, as shall the parliamentary allowance for the exercise of membership of another parliament.4. No other pensions shall be offset.5. The pension shall be subject only to the tax payable to the European Communities.6. Members who, having contributed throughout their working lives to a national social security scheme, opt for the Community pension scheme on the basis of their term of service and whose period of parliamentary contributions is not therefore taken into account in the national scheme shall have the possibility of having their parliamentary contributions treated as contributions to the national scheme. For this purpose the European Parliament shall conclude appropriate agreements with the Member States.Article 71. For Members who, pursuant to Article 2(1), opt for the national parliamentary allowance, the national pension arrangements shall continue to apply.2. For Members elected in Italy or France who opt for the national parliamentary allowance, the European Parliament's current special arrangement shall continue to apply.3. If, at the end of the parliamentary term following adoption of the Statute, a Member has no pension entitlement, he shall be placed in the same position as if he had received the parliamentary allowance pursuant to Article 1 since his membership began.4. This Article shall cease to apply upon expiry of the parliamentary term following adoption of the Statute.Article 81. The pension fund set up by the European Parliament on a voluntary basis shall be maintained until the end of the parliamentary term following adoption of the Statute for Members who opt for the national parliamentary allowance pursuant to Article 2(1).2. Members and the European Parliament shall each pay half the contributions to this fund.3. The contributions shall not be subject to any tax.4. Payments from this fund shall not be offset against other pensions.5. The pension shall be subject only to the tax payable to the European Communities.6. This article shall cease to apply upon expiry of the parliamentary term following adoption of the Statute.Article 91. Members who become incapacitated during their term of office shall be entitled to an invalidity pension.2. This entitlement shall take effect when the Member concerned stands down.3. The maximum amount of the pension shall be determined by the application, mutatis mutandis, of Article 6(2). However, it shall be at least 35% of the parliamentary allowance pursuant to Article 1(1).4. Article 7(1) shall apply mutatis mutandis.Article 101. Should a Member die in office, or in the event of the death of a former Member who is in receipt of a pension pursuant to Articles 6 or 9, the surviving spouse and dependent children shall be entitled to benefit provision.2. The total benefits payable in this event shall not exceed the pension to which the Member would have been entitled at the end of the parliamentary term or which the former Member was receiving pursuant to Articles 6 or 9.3. The surviving spouse shall receive 60% of the maximum amount referred to in paragraph 2, but in any case at least 21%.4. The benefits payable to the children shall accord with their statutory maintenance entitlements.5. Article 7(1) shall apply mutatis mutandis.C. ImplementationArticle 11Decisions implementing this annex shall be taken by the European Parliament body responsible under the Rules of Procedure.


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32003D0318(01)

Council Decision of 6 March 2003 renewing the Management Board of the European Centre for the Development of Vocational Training

Official Journal C 064 , 18/03/2003 P. 0004 - 0006

Council Decisionof 6 March 2003renewing the Management Board of the European Centre for the Development of Vocational Training(2003/C 64/03)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof(1),Having regard to the lists of nominees submitted to the Council by the Governments of the Member States as regards their representatives and by the Commission as regards the employees' and employers' representatives,Whereas:(1) By its Decision of 17 December 1999(2), the Council appointed the members of the Management Board of the European Centre for the Development of Vocational Training for the period from 17 December 1999 to 16 December 2002.(2) The members of the Management Board of that Centre should be appointed for a period of three years,HAS DECIDED AS FOLLOWS:Article 1The following are hereby appointed members of the Management Board of the European Centre for the Development of Vocational Training for the period from 6 March 2003 to 5 March 2006:I. GOVERNMENT REPRESENTATIVES>TABLE>II. REPRESENTATIVES OF EMPLOYEES' ORGANISATIONS>TABLE>III. REPRESENTATIVES OF EMPLOYERS' ORGANISATIONS>TABLE>Article 2The Council shall appoint at a later date the members not yet nominated from Belgium, Italy, the Netherlands and Portugal.Article 3This Decision shall be published, for information, in the Official Journal of the European Union.Done at Brussels, 6 March 2003.For the CouncilThe PresidentD. Reppas(1) OJ L 39, 13.2.1975, p. 1. Regulation as last amended by Regulation (EC) No 354/95 (OJ L 41, 23.2.1995, p. 1).(2) OJ C 4, 7.1.2000, p. 4.


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42003D0780

2003/780/EC,Euratom: Decision of the Representatives of the Governments of the Member States of 23 October 2003 appointing a judge to the Court of Justice of the European Communities

Official Journal L 285 , 01/11/2003 P. 0042 - 0042

Decision of the Representatives of the Governments of the Member Statesof 23 October 2003appointing a judge to the Court of Justice of the European Communities(2003/780/EC, Euratom)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 223 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 139 thereof,Whereas:Pursuant to Articles 5 and 7 of the Protocol on the Statute of the Court of Justice and as a consequence of the resignation of Mr David EDWARD, a judge should be appointed for the remaining period of Mr David EDWARD's term of office,HAVE DECIDED AS FOLLOWS:Article 1Mr Konrad SCHIEMANN is hereby appointed judge to the Court of Justice of the European Communities for the period running from 1 January 2004 to 6 October 2006.Article 2This Decision shall be published in the Official Journal of the European Union.Done at Brussels, 23 October 2003.The PresidentU. Vattani


title: 2006/836/EC: Decision of the European Parliament of 27 April 2006 on the discharge for the implementation of the budget of the European Medicines Agency for the financial year 2004

text:
               6.12.2006

               EN

               Official Journal of the European Union

               L 340/107

      DECISION OF THE EUROPEAN PARLIAMENT

   of 27 April 2006
   on the discharge for the implementation of the budget of the European Medicines Agency for the financial year 2004
   (2006/836/EC)
   THE EUROPEAN PARLIAMENT,

               —

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

               —

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

               —

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

               —

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

               —

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

               —

               having regard to Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (4), 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 Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0101/2006),

               1.

               Grants discharge to the Executive Director of the European Medicines Agency for the implementation of the Agency's budget for the financial year 2004;

               2.

               Sets out its comments 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 have them published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 269, 28.10.2005, p. 17.

      (2)  OJ C 332, 28.12.2005, p. 8.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 136, 30.4.2004, p. 1.

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


title: 2004/717/EC: Decision of the European Parliament of 21 April 2004 concerning discharge to the Director of the European Monitoring Centre on Racism and Xenophobia in respect of the implementation of its budget for the financial year 2002

text:
               21.4.2004

               EN

               Official Journal of the European Union

               L 330/66

         DECISION OF THE EUROPEAN PARLIAMENT
   of 21 April 2004
   concerning discharge to the Director of the European Monitoring Centre on Racism and Xenophobia in respect of the implementation of its budget for the financial year 2002
   (2004/717/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the Court of Auditors' report on the financial statements of the European Monitoring Centre on Racism and Xenophobia for the financial year 2002, together with the Centre's replies (1) (C5-0633/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0138/2004),
   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 1652/2003 of 18 June 2003 amending Regulation (EC) No 1035/97 on establishing a European Monitoring Centre on Racism and Xenophobia (3), and in particular Article 12a 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 Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0212/2004),

               1.

               Gives discharge to the Director of the European Monitoring Centre on Racism and Xenophobia 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 Monitoring Centre on Racism and Xenophobia, 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

         Julien PRIESTLEY

            The President

         Pat COX

      (1)  OJ C 319, 30.12.2003, p. 69.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 245, 29.9.2003, p. 33.

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

               21.4.2004

               EN

               Official Journal of the European Union

               L 330/67

         RESOLUTION
   of the European Parliament containing the comments accompanying the decision on the discharge to the Director of the European Monitoring Centre on Racism and Xenophobia 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 Monitoring Centre on Racism and Xenophobia for the financial year 2002, together with the Centre's replies (1) (C5-0633/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0138/2004),
   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 1652/2003 of 18 June 2003 amending Regulation (EC) No 1035/97 on establishing a European Monitoring Centre on Racism and Xenophobia (3), and in particular Article 12a 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 Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0212/2004),

               A.

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

               B.

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

                           —

                           invited the Centre to monitor more closely the implementation of appropriations and its work programme and encouraged it to make further efforts to solve recurrent problems in its relations with the RAXEN network,

                           —

                           took the view that the Centre should intensify its cooperation with other Agencies faced with similar ‘systemic’ problems in their relations with the networks of National Points so that progress might be made in developing a harmonised approach to such problems based on best practice,

                           —

                           stressed that the Centre should continue its efforts in particular in the areas of internal audit and control so as to improve its financial management,

               1.

               Notes the following figures for the accounts of the European Monitoring Centre on Racism and Xenophobia for the financial years 2002 and 2001:
               Revenue and expenditure account for the financial years 2002 and 2001

                           (1000 euro )

                           2002

                           2001

                              Revenue

                           Own revenue

                           Commission subsidy

                           4 320

                           5 000

                           Miscellaneous revenue

                           Financial revenue

                           43

                           46

                              Total revenue (a)

                              4 363

                              5 046

                              Expenditure

                              Staff — Title I of the budget

                           Payments

                           2 416

                           2 072

                           Appropriations carried over

                           187

                           67

                              Administration — Title II of the budget

                           Payments

                           377

                           662

                           Appropriateions carried over

                           60

                           151

                              Operating activities — Title III of the budget

                           Payments

                           1 686

                           990

                           Appropriations carried over

                           1 324

                           1 181

                              Total expenditure (b)

                              5 960

                              5 123

                              Outturn for the financial year (a - b) (6)

                              -1 597

                              - 77

                           Balance carried over from the previous financial year

                           - 8

                           179

                           Appropriations carried over, cancelled

                           52

                           75

                           Appropriations for re-use from the previous financial year, not utilised

                           151

                           0

                           Repayment to the Commission

                           - 179

                           - 174

                           Exchange-rate differences

                           2

                           - 11

                              Balance for the financial year

                              -1 579

                              - 8

         Implementation of the budget

               2.

               Notes the ECA's recommendation that the Monitoring Centre should continue its efforts to reduce carry-overs still further; notes also the Centre's position that the substantial carry-overs in operating appropriations are mainly related to the cycle of contract implementation by the RAXEN network; expects the Centre to improve its planning in this respect;

               3.

               Invites the Centre to further explain its analysis of options offered by the new Financial Regulation, in particular with regard to the contracts relating to the RAXEN network, with a view to reducing carry-overs and ensuring compliance with the annuality principle;

               4.

               Notes the Centre's acknowledgment of the improper carry-over of provisional commitments and its assurance that article 6 of the Centre's Financial Regulation will be properly applied in future;

               5.

               Expects the Centre to comply with the ECA's observations on the timely issuing of recovery orders so as to ensure the effective monitoring of revenue;

         Financial statements

               6.

               Shares the ECA's concern over the problem of the balance for the financial year 2002 (a deficit of EUR 1,6 million); notes also the adverse effects which the low level in payment appropriations may have on carrying out the Centre's work programme; takes the view that the difference between commitment and payment appropriations may not be such as to put at risk the proper implementation of the work programme;

               7.

               Notes that the Community subsidy to the Centre is paid in four instalments; notes also the Centre's remark in its replies to the questionnaire that a situation similar to that of 2002, with a low level of payments and delays in the payment of instalments, was reoccurring in 2003, resulting in a similar cashflow problem;

               8.

               Invites the Commission and the Centre to improve their co-ordination in order to avoid such problems occurring again; invites the Commission to inform its competent committees about the problem and the measures taken to remedy the situation;

         Legality and regularity of the underlying transactions

               9.

               Expresses deep concern over the fact that despite repeated observations by the ECA on persistent internal control problems the desired improvements were still not put in place; takes the view that the implementation of the new Financial Regulation will help bring about such improvements; invites the Centre to increase its efforts in this regard;

               10.

               Stresses the need for proper evaluation of results before renewal of contracts with the RAXEN national focus points, especially since problems with the network have already in previous years been considered ‘systematic’; welcomes the Centre's plans to continuously evaluate the work of the focus points; stresses the importance of proper evaluation before new financial obligations are undertaken;

               11.

               Invites the Centre to make sure that the ECA's recommendations, in particular as regards contract management, are followed up; stresses the need for efficiency in satellite bodies as the relative size of administrative expenditure is high compared with operational expenditure;

         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 (7) 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 (8); 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 (9) 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 multiannual 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 (10) 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 (11) 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 (12); 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. 69.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 245, 29.9.2003, p. 33.

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

      (5)  OJ L 333, 20.12.2003, p. 78.

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

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

      (8)  Texts adopted, 13 January 2004, P5-TA(2004) 0015.

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

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

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

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


title: 2004/727/EC: Decision of the European Parliament of 21 April 2004 concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year — Section VII — Committee of the Regions

text:
               21.4.2004

               EN

               Official Journal of the European Union

               L 330/152

         DECISION OF THE EUROPEAN PARLIAMENT
   of 21 April 2004
   concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year — Section VII — Committee of the Regions
   (2004/727/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the revenue and expenditure account and balance sheet for the 2002 financial year (I5-0034/2003 — C5-0088/2004),
   having regard to the annual report of the European Court of Auditors for the 2002 financial year, together with the replies of the institutions (C5-0583/2003) (1),
   having regard to the statement of assurance by the European Court of Auditors, pursuant to Article 248 of the EC Treaty, as to the reliability of the accounts and the legality and regularity of the underlying transactions (C5-0583/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0145/2004),
   having regard to Article 272(10) and Article 275 of the EC Treaty,
   having regard to Article 22(2) and (3) of the Financial Regulation of 21 December 1977 (2) and Article 50 of the Financial Regulation of 25 June 2002 (3),
   having regard to Rule 93a of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A5-0228/2004),

               1.

               Grants the Secretary-General of the Committee of the Regions discharge in respect of the implementation of the budget for the 2002 financial year;

               2.

               Records its comments in the accompanying resolution;

               3.

               Instructs its President to forward this decision and the accompanying resolution to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions and the Ombudsman 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 286, 28.11.2003, p. 1.

      (2)  OJ L 356, 31.12.1977, p. 1.

      (3)  OJ L 248, 16.9.2002, p. 1.
    ---documentbreak---

               21.4.2004

               EN

               Official Journal of the European Union

               L 330/153

         RESOLUTION
   of the European Parliament containing the comments accompanying the decision concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year — Section VII — Committee of the Regions
   THE EUROPEAN PARLIAMENT,
   having regard to the revenue and expenditure account and balance sheet for the 2002 financial year (I5-0034/2003 — C5-0088/2004),
   having regard to the annual report of the European Court of Auditors for the 2002 financial year, together with the replies of the institutions (C5-0583/2003) (1),
   having regard to the statement of assurance by the European Court of Auditors, pursuant to Article 248 of the EC Treaty, as to the reliability of the accounts and the legality and regularity of the underlying transactions (C5-0583/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0145/2004),
   having regard to Article 272(10) and Article 275 of the EC Treaty,
   having regard to Article 22(2) and (3) of the Financial Regulation of 21 December 1977 (2) and Article 50 of the Financial Regulation of 25 June 2002 (3),
   having regard to Rule 93 a of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A5-0228/2004),

               1.

               Notes the replies given by the President of the Committee of the Regions on 16 December 2003 to the questionnaire sent by the Committee on Budgetary Control on 26 November 2003;

               2.

               Notes that in its report concerning the financial year 2002 the Court of Auditors established the same irregularities as the Anti-Fraud Office (paragraph 9.23);

               3.

               Points out that Parliament did not grant the Committee of the Regions discharge in respect of financial management in 2001 until 29 January 2004 (4) and, in the resolution accompanying the discharge decision, called on the Committee of the Regions ‘to provide a full report on the current discharge decision in good time for it to be taken into account in the context of the discharge procedure for the 2002 financial year’ (paragraph 21);

               4.

               Welcomes the setting up of working groups, with the involvement of staff of the institution and an external advisor, to examine and propose solutions to the various structural, administrative and financial problems; remains however to be convinced that they will lead to significant improvements as long as the administrative culture remains the same; points out that, following the example of the Commission in the Eurostat affair, a root and branch overhaul of senior management, working methods and respect for internal audit is essential to create a climate of reform and renewal;

               5.

               Awaits confirmation that the Committee has strengthened its internal audit unit with the A 7 and B 5 posts agreed by Parliament and seeks a justification for any further delay in recruitment procedures;

               6.

               Expresses its general surprise at the dismissal of the OLAF findings and recommendations and suggests that real reform can only begin by acknowledging past mistakes and weaknesses;

               7.

               Notes that the European Parliament in its resolution on the Committee of the Regions (5) was very critical of the Institution; deplores the treatment of the Financial Controller, as stated in the OLAF report;

               8.

               Notes that, on 17 February 2004, the President of the Committee of the Regions forwarded a work plan on administrative reform to the committee chairman and rapporteur which must be implemented over the next few months; points out at this early juncture that implementation of the measures will be verified during the budget discharge procedure for 2003; points out that improvements must be introduced in such a way that the progress achieved can be gauged;

               9.

               Thanks the European Economic and Social Committee (EESC) and the Committee of the Regions for the progress report of 26 June 2003 (6) on renovating the Belliard Building, according to which it will be handed over on 31 May 2004;

               10.

               Criticises the Committee of the Regions for failing to replace the staff of the Financial Controller or to give him the necessary information to carry out an audit report in 2002;

               11.

               Notes with satisfaction that the Committee of the Regions will take over the standard decision on the conditions and arrangements for internal investigations to combat fraud, corruption and other unlawful actions harmful to the Communities' interests;

               12.

               Asks the Committee of the Regions to take the necessary steps to ensure the total independence of the Internal Auditor;

               13.

               Welcomes in this connection the Bureau's decision of 10 February 2004 to bring its ‘whistleblowing’ provisions into line with rules currently in force in the Commission which make it possible for officials to turn to a body outside their Institution, so as to ensure that their anonymity remains intact;

               14.

               Notes that such a doctrine is only truly effective if staff members are aware of it; encourages the Committee of Regions to ensure that this information is freely available to its staff;

               15.

               Points out that on 18 November 2003 the President of the Committee of the Regions called on the acting Secretary-General to clarify whether disciplinary proceedings ought to be instituted against staff; criticises the fact that, on the one hand, the administrative inquiry is not to be concluded until April, but that, on the other, the Administration has already been able to establish that the Internal Auditor has not been intimidated or harassed at all;

               16.

               Recalls Parliament's abovementioned resolution of 29 January 2004 and paragraph 22 thereof in particular, which stresses that the President of the Committee of the Regions must ensure that the office and person of the Internal Auditor are respected and that his advice and counsel are taken seriously;

               17.

               Notes that the Committee of the Regions introduced a new staff policy in 2003; will return to this in its discharge report for the 2003 financial year;

               18.

               Notes that the Committee of the Regions spent some EUR 100 000 on studies in 2002; asks how the topics were selected and to what use the studies were put; asks whether an assessment was made of their usefulness.

      (1)  OJ C 286, 28.11.2003, p. 1.

      (2)  OJ L 356, 31.12.1977, p. 1.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 57, 25.2.2004, p. 8.

      (5)  Texts adopted, 29 January 2004, P5_TA(2004) 0048.

      (6)  Note to the Committee on Budgetary Control, Belliard Building progress report, 26 June 2003.


title: Council Decision of 28 July 1969 on the conclusion of an Agreement between the European Economic Community and the Republic of India on trade in coir products

text:
300                               Official Journal of the European Communities
24.9.69                           Official Journal of the European Communities                         No L 240/ 1
                                              COUNCIL DECISION
                                                  of 28 July 1969
         on the conclusion of an Agrreement between the European Economic Community and the
                                    Republic of India on trade in coir products
                                                   (69/303/EEC)
        THE COUNCIL OF THE EUROPEAN COMMUNITIES,
        Having regard to the Treaty establishing the European Economic Community, and in parti
        cular Articles 111 , 1 14 and 228 thereof;
        Having regard to the report from the Commission;
        Whereas during the 1964/67 multilateral trade negotiations the Community undertook to
        enter into negotiations with India with a view to reaching a satisfactory arrangement on trade
        in coir products;
        Whereas the negotiations between India and the Community have reached a conclusion
        which is acceptable to the Community,
        HAS DECIDED AS FOLLOWS :
                                                     Article 1
        An Agreement in the form of an Exchange of Letters between the European Economic Com
        munity and the Republic of India on trade in coir products, the text of whicb is annexed to
        this Decision, is concluded on behalf of the Community.
                                                     Article 2
        The President of the Council is hereby authorized to designate the persons empowered to sign
        the Agreement and to confer on them the powers required in order to bind the Community.
        Done at Brussels, 28 July 1969.
                                                                                For the Council
                                                                                The President
                                                                                P. LARDINOIS
 ---pagebreak---                                Official Journal of the European Communities                                  301
                                                    ANNEX
                                           EXCHANGE OF LETTERS
                                                                                Brussels, 1 August 1969
Your Excellency,
During the 1964/67 multilateral trade negotiations, the Delegation of the European Economic Com
munity made the following Declaration of Intent to the Indian delegation :
    'The European Economic Community is ready to enter into negotiations with India with a view to
     seeking, in respect of trade in coir yarn, mats and matting, a mutually satisfactory arrangement
     whereby :
    - India may have better access to the Community market;
    - supplies to the EEC coir mat industry may be regulated without disturbing that market.'
In accordance with that undertaking, negotiations between the Community and the Indian Government
were entered into in June 1967.
I have the honour to confirm that, taking into consideration the factors which have emerged during
those negotiations, the two Parties have agreed as follows :
 1 . A Joint Cooperation Committee shall be established consisting of representatives of India and
      representatives of the European Economic Community.
2. The task of that Committee shall be to review all important aspects of the coir industry as a whole,
      in particular as regards raw materials, production, trade and consumption of all manufactured coir
      products, in order to find mutually acceptable solutions in the spirit of the Exchange of Letters men
      tioned above.
      The Committee shall, in particular, review :
      -  the level of tariff protection in the Community;
      -  the level of export prices for raw material and processed products;
      -  the conditions for access to the market of the European Economic Community ;
      -  any other problem of special interest to the Indian and Community coir industries.
3. The Committee shall submit to the respective competent authorities :
      - an interim report six months after the Committee has been established;
      - a final report one year after it has been established;
I shall be obliged if you will confirm the agreement of your Government to the contents of this letter.
Please accept, Your Excellency, the assurance of my highest consideration.
                                                                                W. ERNST
                                                                                Head ofthe delegation ofthe
                                                                                Commission ofthe European
                                                                                Economic Communities
To H.E. Mr Th. Swaminathan,
Ambassador,
Head of the Indian Delegation to the
European Communities,
 Brussels
 ---pagebreak--- 302                                Official Journal of the European Communities
                                                                                Brussels, 1 August 1969.
     Sir,
     I have the honour to acknowledge receipt of your letter of 1 August 1969, in French, reading as follows :
        'Au cours des négociations commerciales multilatérales de 1964/ 1967, la délégation de la
          Communauté économique européenne avait formulé à la délégation indienne la déclaration
         d'intention ci-après :
        "La Communauté économique européenne est prête à entreprendre des négociations avec l'Inde en
         vue de rechercher, en ce qui concerne le commerce des filés et des tapis de coco, un arrangement
         mutuellement satisfaisant permettant :
        - de réaliser des conditions d'accès améliorées de l'Inde au marché de la Communauté ;
        - d'assurer, tout en évitant la désorganisation de ce marché, la régulation des conditions
             d'approvisionnement de l'industrie des tapis de coco de la CEE."
        Conformément à cet engagement, des négociations ont été entreprises entre la Communauté et le
         gouvernement de l'Inde à partir du mois de juin 1967.
        J'ai l'honneur de vous confirmer que, compte tenu des éléments dégagés au cours de ces négociations,
         les deux parties sont convenues de ce qui suit :
         1 . Un Comité mixte de coopération sera créé, comportant des représentants de l'Inde et des
              représentants de la Communauté européenne.
        2. Ce Comité aura pour tâche d'examiner tous les aspects jugés importants de l'ensemble de
              l'économie du coco, particulièrement en ce qui concerne les matières premières, la production, les
              èxchanges et la consommation de tous produits de coco manufacturés, afin de dégager, dans
              l'esprit de l'échange de lettres mentionné ci-dessus, des solutions mutuellement acceptables.
           Le Comité examinera, notamment :
           -  le niveau de la protection tarifaire dans la Communauté;
           -  le niveau des prix à l'exportation de la matière première et des produits transformés;
          -   les modalités d'accès au marché de la Communauté économique européenne;
          -   tout autre problème d'un intérêt particulier pour les industries indiennes et communautaires du
              coco.
        3. Le Comité soumettra aux instances compétentes respectives :
          - un rapport intérimaire six moix après sa constitution;
          - un rapport définitif un an après sa constitution.
        Je vous serais obligé de bien vouloir me confirmer l'accord de votre gouvernement sur le contenu de
        cette lettre.'
    I confirm that the above correctly sets out the understanding reached between us.
    Please accept, Sir, the assurance of my highest consideration.
                                                                                T. SWAMINATHAN
                                                                                A mbassador qfIndia
    Mr Wolfgang Ernst,
    Director,
    Directorate-General for External Trade,
    Commission of the European Economic Community, Brussels


title: Decision (EU) 2016/619 of the European Parliament and of the Council of 13 April 2016 on the mobilisation of the European Globalisation Adjustment Fund (EGF/2016/000 TA 2016 — Technical assistance at the initiative of the Commission)

text:
               21.4.2016

               EN

               Official Journal of the European Union

               L 105/22

         DECISION (EU) 2016/619 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 13 April 2016
   on the mobilisation of the European Globalisation Adjustment Fund (EGF/2016/000 TA 2016 — Technical assistance at the initiative of the Commission)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1), and in particular Article 11(2) thereof,
   Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) aims to provide support for workers made redundant and self-employed persons whose activities have ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market.

               (2)

               The EGF is not to exceed a maximum annual amount of EUR 150 million (2011 prices), as laid down in Article 12 of Council Regulation (EU, Euratom) No 1311/2013 (3).

               (3)

               Regulation (EU) No 1309/2013 provides that a maximum of 0,5 % of the annual maximum amount of the EGF may be used each year for technical assistance at the initiative of the Commission.

               (4)

               The EGF should, therefore, be mobilised in order to provide the sum of EUR 380 000 for technical assistance at the initiative of the Commission,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2016, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 380 000 in commitment and payment appropriations.
   Article 2
   This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

      Done at Strasbourg, 13 April 2016.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         J.A. HENNIS-PLASSCHAERT

      (1)  OJ L 347, 20.12.2013, p. 855.

      (2)  OJ C 373, 20.12.2013, p. 1.

      (3)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).


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31996D0354

96/354/EC: Council Decision of 20 May 1996 concerning the conclusion of the Cooperation Agreement between the European Community and the Kingdom of Nepal

Official Journal L 137 , 08/06/1996 P. 0014 - 0014

COUNCIL DECISION of 20 May 1996 concerning the conclusion of the Cooperation Agreement between the European Community and the Kingdom of Nepal (96/354/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 113 and 130y, in conjunction with the first sentence of Article 228 (2) and the first subparagraph of Article 228 (3) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament (1),Whereas, under Article 130u of the Treaty, Community policy in the sphere of development cooperation shall foster the sustainable economic and social development of the developing countries, their smooth and gradual integration into the world economy and the campaign against poverty in those countries;Whereas the Community should approve, for the attainment of its aims in the sphere of external relations, the Cooperation Agreement between the European Community and the Kingdom of Nepal,HAS DECIDED AS FOLLOWS:Article 1 The Cooperation Agreement between the European Community and the Kingdom of Nepal is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2 The President of the Council shall, on behalf of the Community, give the notification provided for in Article 22 of the Agreement.Article 3 The Commission, assisted by representatives of the Member States, shall represent the Community in the Joint Commission provided for in Article 15 of the Agreement.Article 4 This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 20 May 1996.For the CouncilThe PresidentP. BERSANI(1) OJ No C 141, 13. 5. 1996.


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E1994C0191

EFTA SURVEILLANCE AUTHORITY DECISION No 191/94/COL of 30 November 1994 approving programmes concerning bonamiosis and marteiliosis for Norway

Official Journal L 383 , 31/12/1994 P. 0040 - 0040

EFTA SURVEILLANCE AUTHORITY DECISION No 191/94/COL of 30 November 1994 approving programmes concerning bonamiosis and marteiliosis for Norway THE EFTA SURVEILLANCE AUTHORITY,Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol Adjusting the Agreement on the European Economic Area, and in particular Article 17 and Protocol 1 (4) (d) thereof,Having regard to the Act referred to in point 5 of Chapter I of Annex I to the Agreement on the European Economic Area concerning the animal health conditions governing the placing on the market of aquaculture animals and products (Council Directive 91/67/EEC, hereinafter referred to as 'the Aquaculture Act'), and in particular Article 10 thereof,Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, as adjusted by the Protocol Adjusting the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, and in particular Article 5 (2) (d) and Protocol 1, Article 1 (e) thereof,Whereas Norway as stated in letters dated 7 July and 19 October 1994 has submitted two programmes concerning bonamiosis and marteiliosis for Norway;Whereas these programmes specify the geographical zones concerned, the measures to be taken by the official services, the procedures to be followed by the official laboratories, the prevalence of the disease concerned and the measures to combat these diseases when detected;Whereas these programmes have been found to be in conformity with the requirements laid down in Article 10 of the Aquaculture Act;Whereas in accordance with Article 10 (2) of the Aquaculture Act, the introduction of aquaculture animals and products into the zones referred to in these programmes shall be subject to the rules set out in Articles 7 and 8 of the Aquaculture Act;Whereas the measures provided for in this Decision are in accordance with the opinion of the EFTA Veterinary Committee assisting the EFTA Surveillance Authority,HAS ADOPTED THIS DECISION:1. The programmes concerning bonamiosis and marteiliosis for Norway are hereby approved.2. This Decision shall enter into force on 1 December 1994.3. Norway shall bring into force the laws, regulations and administrative provisions necessary to comply with the programmes referred to in point 1 by 1 December 1994.4. This Decision is addressed to the EFTA States.5. This Decision shall be authentic in the English language.Done at Brussels, 30 November 1994.For the EFTA Surveillance AuthorityPekka SÄILÄCollege Member


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31990D0405

90/405/EEC: Council Decision of 27 July 1990 on the conclusion of an Agreement in the form of an exchange of letters temporarily extending from 1 to 30 April 1990 the Protocol to the Agreement between the European Economic Community and the Government of the Republic of Senegal on fishing off the coast of Senegal

Official Journal L 208 , 07/08/1990 P. 0031

*****COUNCIL  DECISION  of 27 July 1990  on the conclusion of an Agreement in the form of an Exchange of Letters temporarily extending from 1 to 30 April 1990 the Protocol to the Agreement between the European Economic Community and the Government of the Republic of Senegal on fishing off the coast of Senegal  (90/405/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Agreement between the European Economic Community and the Government of the Republic of Senegal on fishing off the coast of Senegal (1), as amended by the Agreement signed on 17 March 1989 (2),  Having regard to the proposal from the Commission,  Whereas, pursuant to the second subparagraph of Article 17 of the Agreement, the Community and the Republic of Senegal have opened negotiations to determine the arrangements which will apply after the Protocol to the Agreement expires on 28 February 1990;  Whereas, on 24 February 1990, the two sides agreed to extend the said Protocol for an interim period from 1 to 31 March 1990;  Whereas, on 30 March 1990, the two sides agreed to extend the said Protocol for a second interim period, from 1 to 30 April 1990, pending the outcome of the abovementioned negotiations,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an Exchange of Letters temporarily extending from 1 to 30 April 1990 the Protocol to the Agreement between the European Economic Community and the Government of the Republic of Senegal on fishing off the coast of Senegal 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 persons empowered to sign the Agreement in order to bind the Community.  Done at Brussels, 27 July 1990.  For the Council  The President  E. RUBBI  (1) OJ No L 226, 29. 8. 1980, p. 17.  (2) OJ No L 137, 2. 6. 1988, p. 1.


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32001D0473

2001/473/EC: Council Decision of 4 April 2001 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile adding a Protocol on mutual administrative assistance in customs matters to the Framework Cooperation Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part

Official Journal L 167 , 22/06/2001 P. 0020 - 0020

Council Decisionof 4 April 2001concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile adding a Protocol on mutual administrative assistance in customs matters to the Framework Cooperation Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part(2001/473/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) To allow mutual administrative assistance in customs matters between the two parties, as provided for in Article 7(3) of the Framework Cooperation Agreement leading ultimately to the establishment of a political and economic association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part(1), a Protocol should be added to that Agreement.(2) Negotiations to that effect have taken place with Chile and have led to an Agreement in the form of an Exchange of Letters which is in the Community's interest to approve,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile adding a Protocol on mutual administrative assistance in customs matters to the Framework Cooperation Agreement is hereby approved on behalf of the Community.The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the persons enpowered to sign the Agreement in order to bind the Community(2).Article 3The President of the Council shall, on behalf of the Community, give the notification provided for by the Agreement in the form of an Exchange of Letters.Done at Luxembourg, 4 April 2001.For the CouncilThe PresidentB. Rosengren(1) OJ L 42, 16.2.1999, p. 46.(2) The date of entry into force of the Protocol will be published in the Official Journal of the European Communities by the General Secretariat of the Council.