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31992D0205

92/205/EEC:Council Decision of 16 March 1992 concerning the conclusion of the Framework Agreement for cooperation between the European Economic Community and the Eastern Republic of Uruguay

Official Journal L 094 , 08/04/1992 P. 0001 - 0001

COUNCIL DECISION   of 16 March 1992   concerning the conclusion of  the Framework Agreement for cooperation between the European Economic Community and the Eastern  Republic of Uruguay   (92/205/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular  Articles 113 and 235 thereof,  Having regard to the proposal from the Commission  (1),  Having regard to the opinion of the European Parliament  (2),  Whereas, in order to attain its objectives regarding external economic relations, the Community  should approve the Framework Agreement for cooperation with the Eastern Republic of Uruguay,  HAS DECIDED AS FOLLOWS: Article 1 The Framework Agreement for cooperation  between the European Economic Community and the Eastern Republic of Uruguay 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 give the notification provided for in Article 25 of the Agreement  (3). Article 3 The  Commission, assisted by representatives of the Member States, shall represent the Community in the  Joint Committee set up by Article 21 of the Agreement. Article 4 This Decision shall be published  in the Official Journal of the European Communities and shall enter into force on the day of  publication. Done at Brussels, 16 March 1992. For the Council   The President   Jorge BRAGA DE MACEDO


title: 2012/672/EU: Council Decision of 25 October 2012 on the launch of automated data exchange with regard to dactyloscopic data in Cyprus

text:
               31.10.2012

               EN

               Official Journal of the European Union

               L 302/11

         COUNCIL DECISION
   of 25 October 2012
   on the launch of automated data exchange with regard to dactyloscopic data in Cyprus
   (2012/672/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), in particular Article 25 thereof,
   Having regard to Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (2), in particular Article 20 and Chapter 4 of the Annex thereto,
   Whereas:

               (1)

               According to the Protocol on Transitional Provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, the legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted prior to the entry into force of the Treaty of Lisbon are preserved until those acts are repealed, annulled or amended in implementation of the Treaties.

               (2)

               Accordingly, Article 25 of Decision 2008/615/JHA is applicable and the Council must unanimously decide whether the Member States have implemented the provisions of Chapter 6 of that Decision.

               (3)

               Article 20 of Decision 2008/616/JHA provides that decisions referred to in Article 25(2) of Decision 2008/615/JHA are to be taken on the basis of an evaluation report based on a questionnaire. With respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report is to be based on an evaluation visit and a pilot run.

               (4)

               According to Chapter 4, point 1.1, of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and has to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category.

               (5)

               Cyprus has completed the questionnaire on data protection and the questionnaire on dactyloscopic data exchange.

               (6)

               A successful pilot run has been carried out by Cyprus with Austria.

               (7)

               An evaluation visit has taken place in Cyprus and a report on the evaluation visit has been produced by the Austrian evaluation team and forwarded to the relevant Council Working Group.

               (8)

               An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning dactyloscopic data exchange has been presented to the Council,

         HAS ADOPTED THIS DECISION:
   Article 1
   For the purposes of automated searching of dactyloscopic data, Cyprus has fully implemented the general provisions on data protection of Chapter 6 of Decision 2008/615/JHA and is entitled to receive and supply personal data pursuant to Article 9 of that Decision as from the day of the entry into force of this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 25 October 2012.

            For the Council

            The President

         E. MAVROU

      (1)  OJ L 210, 6.8.2008, p. 1.

      (2)  OJ L 210, 6.8.2008, p. 12.


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31987D0088

87/88/EEC: Commission Decision of 7 January 1987 on the setting-up of an Advisory Committee on Milk and Milk Products

Official Journal L 045 , 14/02/1987 P. 0053 - 0055 Finnish special edition: Chapter 3 Volume 22 P. 0189  Swedish special edition: Chapter 3 Volume 22 P. 0189

COMMISSION DECISION of 7 January 1987 on the setting-up of an Advisory Committee on Milk and Milk Products (87/88/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas the Advisory Committee on Milk and Milk Products was set up by Commission Decision 64/435/EEC (1), as last amended by Decision 83/77/EEC (2);  Whereas, following the accession of new Member States to the Community, the number of seats on the Committee should be increased and they should be reallocated; whereas the procedure for the replacement of members should also be adjusted;  Whereas the provisions concerning the Advisory Committee on Milk and Milk Products have been amended several times and have therefore become difficult to apply; whereas they should therefore be consolidated;  Whereas the Commission should seek the views of producers, traders and consumers on matters arising in connection with the operation of the common organization of the market in Milk and Milk Products;  Whereas all the occupations directly involved in the implementation of the market organization in question, and also consumers, must have an opportunity to participate in the drafting of the opinions requested by the Commission;  Whereas the trade associations concerned and the consumer groups in the Member States have set up organizations at Community level which are in a position to represent those concerned in all the Member States,  HAS DECIDED AS FOLLOWS:    Article 1 1.  There shall be attached to the Commission an Advisory Committee on Milk and Milk Products, hereinafter called the 'Committee'.  2.  The Committee shall be composed of representatives of the following interests: producers, cooperatives, the processing and food-manufacturing, industries, traders in (3) OJ No 122, 29. 7. 1964, p. 2049/64.  (4) OJ No L 51, 24. 2. 1983, p. 34.  agricultural produce and foodstuffs, agricultural workers and workers in the processing and food-manufacturing industries and consumers.  Article 2 1.  The Committee may be consulted by the Commission on any problem concerning the operation of Regulations on the common organization of the market in milk and milk products and in particular on measures to be adopted by the Commission under  those Regulations.  2.  The chairman of the Committee may indicate to the Commission the desirablility of consulting the Committee on any matter within the latter's competence but on which its opinion has not been sought. He shall do so, in particular, at the request of  one of the interests represented.  Article 3 1.  The Committee shall consist of 52 members.  2.  Seats on the Committee shall be apportioned as follows:  - 26 to agricultural producers and cooperatives in the sector,  - five to representatives of the milk and milk product processing industries,  - four to representatives of the milk and milk product using industries,  - six to representatives of the milk and milk products trade,  - five to representatives of agricultural workers and of workers in the processing and food-manufacturing industries,  - six to consumers' representatives.  Article 4 1.  Members of the Committee shall be appointed by the Commission on proposals from the trade workers' organizations set up at Community level which are most representative of the interests specified in Article 1 (2) and whose activities come  within the scope of the common organization of the market in milk and milk products; consumers' representatives shall be appointed on proposals from the Consumers' Advisory Committee.  Those bodies shall for each seat to be filled put forward the names of two candidates of different nationality.  2.  The term of office for members of the Committee shall be three years. Their appointments may be renewed. Members shall not be remunerated for their services.  After expiry of the three years members of the Committee shall remain in office until they are replaced or until their appointments are renewed.  In the event of the resignation or decease of a member or a request from the body having proposed a member that he be replaced, he shall be replaced in accordance with the procedure laid down in paragraph 1.  3.  A list of the members of the Committee shall be published by the Commission, for information purposes, in the Official Journal of the European Communities.  Article 5 1.  After consulting the Commission, the Committee shall elect a chairman for a period of three years.  The chairman shall be elected, in the case of the first ballot, by a two-thirds majority of the members present and, in the case of subsequent ballots, by a simple majority of the members present. In the event of a tie, the Commission shall provide a  chairman on a temporary basis.  2.  The Committee shall elect two vice-chairmen for a period of three years.  The vice-chairmen may not represent the same interest as the chairman.  The election shall take place in accordance with the procedure laid down in paragraph 1.  The Committee may, in accordance with the same procedure, elect other officers. In that case, the officers other than the chairman shall include not more than one representative of each interest represented on the Committee.  The officers shall prepare and organize the work of the Committee.  Article 6 1.  Only the Commission representatives, the members of the Committee, or persons replacing them in their absence, and persons invited in accordance with paragraph 3 and 4 may participate in or attend meetings.  2.  Should a member be unable to attend a meeting, the organization or organizations to which a seat is allocated may appoint a person to take his place. This person shall be selected from a list drawn up by mutual agreement between the Commission and the organization or organizations in question and containing a number of names equal to half the total numbers of members representing the organization or organizations in  question. This number shall be not less than one and not more than 12.  The secretariat of the Committee must be informed of such replacement of a member at least seven days before a meeting.  3.  At the request of an organization to which one or more seats are allocated, the chairman may, in agreement with the Commission staff, invite its general secretary or a member of its secretariat to attend the meetings of the Committee as an observer.   Should he be unable to attend, however, the general secretary may have his seat as an observer taken by another person designated by him.  Observers shall not have the right to speak. They may, however, be invited to do so by the chairman in agreement with the Commission staff.  4.  At the request of an organization to which one or more seats are allocated, and when the matters on the agenda are of a highly technical nature outside the normal framework of the deliberations of the Committee, the chairman may, in agreement with  the Commission staff, invite one or more experts to take part in the deliberations of the Committee.  The Commission may, on its own initiative, invite any person particularly well qualified in one of the subjects on the agenda to take part in the deliberations of the Committee as an expert.  However, experts shall participate only in the discussion of the matter concerning which they were invited to attend.  Article 7 In agreement with the Commission staff, the Committee may set up working groups to facilitate its work.  Article 8 1.  The Committee shall be convened by the Commission and shall meet at Commission headquarters. Meetings of the officers shall be convened by the chairman by arrangement with the Commission.  2.  Representatives of the Commission departments concerned shall take part in meetings of the Committee, its officers and working groups.  3.  Secretariat services for the Committee, its officers and working groups shall be provided by the Commission.  Article 9 The Committee shall discuss matters on which the Commission has requested an opinion. No vote shall be taken.  The Commission may, when seeking the opinion of the Committee, set a time limit within which such opinion shall be given.  The views expressed by the various interests represented shall be included in a report forwarded to the Commission.  In the event of unanimous agreement being reached in the Committee on the opinion to be given, the Committee shall formulate joint conclusions and attach them to the report.  The outcome of the Committee's discussions shall on request be communicated by the Commission to the Council and to the Management Committees.  Article 10 Without prejudice to the provisions of Article 214 of the Treaty, where the Commission informs them that the opinion requested or the question raised is on a matter of a confidential nature, members of the Committee shall be under an obligation not to disclose information which has come to their knowledge through the work of the Committee or of its working  groups.  In such cases, only Committee members and representatives of the Commission departments concerned may be present at meetings.  Article 11 Commission Decision 64/435/EEC is hereby repealed.  Article 12 This Decision shall enter into force on 1 January 1987.   Done at Brussels, 7 January 1987.  For the Commission Frans ANDRIESSEN Vice-President EWG:L111UMBE18.94 FF: 1UEN;   SETUP: 01;   Hoehe: 1319 mm;   207 Zeilen;   9404 Zeichen;  Bediener: MIKE   Pr.: C;  Kunde: ................................


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31991D0178

91/178/EEC: Council Decision of 25 March 1991 on acceptance of the terms of reference of the International Tin Study Group

Official Journal L 089 , 10/04/1991 P. 0033 - 0038 Finnish special edition: Chapter 11 Volume 16 P. 0251  Swedish special edition: Chapter 11 Volume 16 P. 0251

COUNCIL DECISION  of 25 March 1991  on acceptance of the terms of reference of the International Tin Study Group  (91/178/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 and 116 thereof,  Having regard to the proposal from the Commission,  Whereas the terms of reference of the International Tin Study Group were adopted at Geneva on 7 April 1989 by the United Nations Conference on Tin;  Whereas the States and international organizations which participated in the Conference have been asked to notify the United Nations Secretary-General of their acceptance of the terms of reference in accordance with paragraph 21 (b) thereof;  Whereas the Study Group will carry out an important activity of analysis and surveillance of the market and of trade in tin;  Whereas the institutional structure of the International Tin Study Group as laid down in its terms of reference, implies joint participation by the Community and those Member States which have agreed to the terms of reference;  Whereas certain Member States have indicated their intention to participate in the Study Group;  Whereas, the Community and those Member States which have decided to participate in the proceedings of the Study Group should therefore, on the basis of a common position, lodge their instruments of acceptance at the same time,  HAS DECIDED AS FOLLOWS:  Article 1  The terms of reference of the International Tin Study Group are hereby accepted by the European Economic Community.  The Community and those Member States which at this stage have decided to participate in the proceedings of the Study Group shall simultaneously lodge their instruments of acceptance with the Secretary-General of the United Nations as soon as the  necessary internal procedures have been completed.  The text of the terms of reference is attached hereto.  Article 2  The President of the Council is hereby authorized to designate the persons empowered to lodge the instrument of acceptance on behalf of the Community. Done at Brussels, 25 March 1991. For the Council  The President  R. STEICHEN   ANNEX  TERMS OF REFERENCE OF THE INTERNATIONAL TIN STUDY GROUP  Establishment  1. The International Tin Study Group is hereby established to administer the provisions and supervise the operation of these terms of reference.  Objective  2. The objective of the Group shall be to ensure enhanced international cooperation on issues concerning tin, by improving the information available on the international tin economy and by providing a forum for intergovernmental consultations on tin.  Definitions  3. (a) 'The Group' means the International Tin Study Group as constituted in these terms of reference.  (b) 'Tin' means tin metal, any other refined tin, secondary tin, or the tin content of concentrates or of tin ore which has been extracted from its natural occurrence, and of such tin products as the Group may determine. For the purposes of this  definition, 'ore' shall be deemed to exclude (i) material which has been extracted from the ore body for a purpose other than that of being dressed, and (ii) material which is discarded in the process of dressing.  (c) 'Members' means all States and intergovernmental organizations as provided for in paragraph 5 which have notified their acceptance pursuant to paragraph 21.  Functions  4. The Group shall have the following functions:  (a) to establish the capacity for and to undertake the continued monitoring of the world tin economy and its trends, particularly by establishing, maintaining and continuously updating a statistical system on world production, stocks, trade and  consumption of all forms of tin, as well as disseminating, as appropriate, the information thus generated;  (b) to conduct consultations and exchanges of information on developments and trends related to the production, stocks, trade and consumption of all forms of tin;  (c) to undertake studies as appropriate on a broad range of important issues concerning tin, in accordance with the decisions of the Group.  Membership  5. Membership of the Group shall be open to all States which are interested in the production or consumption of, or international trade in, tin, and to any intergovernmental organization having responsibilities in respect of the negotiation, conclusion  and application of international agreements, in particular commodity agreements.  Powers of the Group  6. (a) The Group shall exercise such powers and take action or arrange for action to be taken as may be necessary to carry out and ensure the application of the provisions of these terms of reference.  (b) The Group shall not have the power, directly or indirectly, to enter into any contract for the purposes of trade in tin or in any other commodity or product, or any contract for futures transactions; nor shall it have the power to enter into any  financial obligations for such purposes.  (c) The Group shall adopt such rules as are considered necessary to carry out its functions and which shall be subject to, and not inconsistent with, these terms of reference.  (d) The Group shall not have the power and shall not be taken to have been authorized by its members to incur any obligation outside the scope of these terms of reference or the rules of procedure.  Headquarters  7. The headquarters of the Group shall be at a location selected by it in the territory of a Member State, unless the Group decides otherwise. The Group shall negotiate a headquarters agreement with the host government to be concluded as soon as  possible after these terms of reference have entered into force.  Decision-making  8. (a) The highest authority of the Group established under these terms of reference shall be vested in the General Session.  (b) The Group, the Standing Committee referred to in paragraph 9, and such committees and subsidiary bodies as may be established, shall take decisions by consensus and without a vote, except in the case of decisions for which a specific voting majority  is specified in these terms of reference or in the rules of procedure.  (c) Each member State shall be entitled to one vote.  Standing Committee  9. (a) The Group shall establish a Standing Committee which shall consist of those members of the Group which have indicated their desire to participate in its work.  (b) The Standing Committee shall undertake such tasks as may be assigned to it by the Group and shall report to the Group on completion, or on the progress, of its work.  Committees and subsidiary bodies  10. The Group may establish an industry advisory committee to monitor the evolution of the tin industry. The Group may also establish other committees or subsidiary bodies, in addition to the Standing Committee, on such terms and conditions as it may  determine.  Secretariat  11. (a) The Group shall have a secretariat consisting of a Secretary-General and such staff as may be required.  (b) The Secretary-General shall be the chief administrative officer of the Group and shall be responsible to it for the administration and operation of these terms of reference in accordance with the decisions of the Group.  Cooperation with others  12. (a) The Group may make arrangements for consultations or cooperation with the United Nations, its organs or specialized agencies, and with other intergovernmental institutions, as appropriate.  (b) The Group may also make arrangements as it considers appropriate for maintaining contact with interested non-participating Governments, with other international non-governmental organizations, or with private sector institutions, as appropriate.  (c) The Group may invite any non-member State and any appropriate intergovernmental or non-governmental organization substantially interested in tin problems to be represented at its meetings by an observer, on the understanding that such organization  will extend similar rights to the Group. Unless the Group decides otherwise, such observers may attend all meetings of the Group in respect of the whole or any part of a particular meeting or series of meetings, but may not attend meetings of the  Standing Committee or of any committee or sub-committee on which not all members of the Group are represented.  (d) The chairman may invite observers to participate in the Group's discussions, but they shall not have the right to vote or to submit proposals.  Relationship with the Common Fund  13. The Group may apply to be designated as an International Commodity Body (ICB) under Article 7 (9) of the Agreement establishing the Common Fund for Commodities, for the purpose of sponsoring, on such terms and conditions as the Group may determine  only by consensus, projects on tin to be financed by the Fund through its Second Account. The Group shall not, however, incur any financial obligations in respect of such projects; nor shall it act as executing agency for any such project.  Legal status  14. (a) The Group shall have international legal personality.  (b) The status of the Group in the territory of the host government shall be governed by a Headquarters Agreement between the host government and the Group.  (c) The Group shall have the legal capacity to exercise its functions and, in particular, but subject to paragraph 6 (b) above, the capacity to enter into contracts, to acquire and to dispose of movable property, and to institute legal proceedings.  Budget contributions  15. (a) Each member shall contribute to an annual budget approved by the Group. The contribution of each member to the budget shall consist of an equal share of 50 % of the budget, the balance to be apportioned among member States in proportion to their  shares in the total trade of member States in primary tin metal and tin-in-concentrates, consisting for producing countries of total exports less total imports and, for consuming countries, of total imports. For this purpose, countries whose production  of tin-in-concentrates exceeds their reported consumption of primary tin metal shall be classified as producing countries, and countries whose reported consumption of primary tin metal exceeds their production of tin-in-concentrates shall be classified  as consuming countries. The calculation shall be on the basis of the latest three calendar years for which statistics are available.  (b) The Group shall determine the contribution of each member for each financial year in a single currency to be decided by the Group and in accordance with the provisions for contributions specified in the rules of procedure. The payment of the  contribution by each member shall be made in accordance with its constitutional procedures.  Statistics and information  16. (a) The Group shall collect, collate and make available to members such statistical information on production, trade, stocks and consumption of tin as it deems appropriate for the effective operation of these terms of reference, as well as the  information referred to in subparagraph (b) below.  (b) The Group shall make such arrangements as it considers appropriate by which information may be exchanged with interested non-participating Governments and with appropriate non-governmental and intergovernmental organizations in order to ensure the  availability of recent and reliable data on production, consumption, stocks, international trade, internationally recognized published prices of tin, and on other factors that influence the demand for and supply of tin.  (c) The Group shall endeavour to ensure that no information published by it shall prejudice the confidentiality of the operations of governments or of persons or enterprises producing, processing, marketing or consuming tin.  Annual assessment and reports  17. (a) The Group shall undertake an annual assessment of the world tin situation and related matters in the light of information supplied by members and supplemented by information from all other relevant sources. The annual assessment shall include a  review of anticipated tin production capacity for future years and an outlook for tin production, consumption and trade for the following calendar year, for the purpose of assisting members in their individual assessments of the evolution of the  international tin economy.  (b) The Group shall prepare a report incorporating the results of the annual assessment and distribute it to members. If the Group deems it appropriate, this report, as well as other reports and studies distributed to members, may be made available to  other interested parties in accordance with the rules of procedure.  Studies  18. (a) The Group shall undertake or make appropriate arrangements to undertake ad hoc studies related to the international tin economy, including studies on special problems or difficulties which exist or may be expected to arise.  (b) The studies may contain general recommendations or suggestions, but such recommendations or suggestions shall not derogate from the right of every member to manage all aspects of its domestic tin economy and shall be without prejudice to the  competence of other international organizations in matters falling within their jurisdiction.  Obligations of members  19. Members shall use their best endeavours to cooperate and to promote the attainment of the objective of the Group, in particular by providing the data on the tin economy referred to in paragraph 16 (a).  Amendment  20. These terms of reference may be amended only by consensus of the Group.  Entry into force  21. (a) These terms of reference shall enter into force when States together accounting for at least 70 % of trade in tin, as set out in the Annex to these terms of reference, have notified the Secretary-General of the United Nations (hereinafter  referred to as 'the depositary') pursuant to subparagraph (b) below of their acceptance of these terms of reference.  (b) Any State or any intergovernmental organization referred to in paragraph 5 which desires to become a member of the Group shall notify the depositary that it accepts these terms of reference either provisionally, pending the conclusion of its  internal procedures, or definitively. Any State or intergovernmental organization which has notified its provisional acceptance of these terms of reference shall endeavour to complete its procedures as quickly as possible and shall notify the depositary  of their completion.  (c) If the requirements for entry into force of these terms of reference have not been met on 31 December 1989, the depositary shall invite those States and intergovernmental organizations that have notified their acceptance of these terms of reference  pursuant to subparagraph (b) above to decide whether or not to put these terms of reference into force among themselves.  (d) When these terms of reference enter into force, the depositary shall convene an inaugural meeting of the Group as soon as possible thereafter. Members shall be notified at least one month, where possible, prior to that meeting.  Withdrawal  22. (a) A member may withdraw from the Group at any time by giving written notice of withdrawal to the depositary and to the Secretary-General of the Group.  (b) Withdrawal shall be without prejudice to any financial obligations already incurred by the withdrawing member and shall not entitle it to any rebate of its contribution for the year in which the withdrawal occurs.  (c) Withdrawal shall become effective 30 days after the notice is received by the depositary.  (d) The Secretary-General of the Group shall promptly notify each member of any notification received under this paragraph.  Termination  23. (a) The Group may at any time decide by a two-thirds majority vote of Member States to terminate these terms of reference. Such termination shall take effect on such date as the Group shall decide.  (b) Notwithstanding the termination of these terms of reference, the Group shall continue in being for as long as it is necessary to carry out its liquidation, including the settlement of accounts.  Reservations  24. No reservations may be made to any of the provisions of these terms of reference.   ANNEX  Trade in tin (1)   Country  Exports   Imports  Trade  Share (%)   (1 000 tonnes)         Argentina  0,1  0,9  1,0  0,27  Australia  6,5  0,4  6,9  1,84  Belgium-Luxembourg  2,9  3,2  6,1  1,63  Bolivia  12,9  -  12,9  3,44  Brazil  20,1  -  20,1  5,36  Canada  1,7   3,8  5,5  1,47  China  17,2  -  17,2  4,59  Denmark  0,9  0,9  1,8  0,48  Egypt  -  0,3  0,3  0,08  Finland  -  0,1  0,1  0,03  France  0,2  7,7  7,9  2,11  Federal Republic of Germany  3,1  19,4  22,5  6,00  Greece  -  0,4  0,4  0,11  India  -  2,7   2,7  0,72  Indonesia  25,3  -  25,3  6,74  Ireland  -  0,1  0,1  0,03  Italy  0,1  6,2  6,3  1,68  Japan  -  32,1  32,1  8,56  Malaysia  49,2  13,1  62,3  16,61  Mexico  -  4,7  4,7  1,25  Netherlands  2,6  8,5  11,1  2,96  Nigeria  0,6  -  0,6  0,16   Norway  -  0,5  0,5  0,13  Peru  3,8  0,4  4,2  1,12  Philippines  -  0,5  0,5  0,13  Poland  -  3,1  3,1  0,83  Portugal  -  0,6  0,6  0,16  Republic of Korea  -  5,1  5,1  1,36  Spain  0,1  3,3  3,4  0,91  Sweden  0,1  0,6  0,7  0,19  Thailand  16,5   -  16,5  4,40  Turkey  -  1,1  1,1  0,29  Union of Soviet Socialist  Republics  -  13,8  13,8  3,68  United Kingdom of Great Britain  and Northern Ireland  16,8  14,1  30,9  8,24  United States of America  1,4  41,4  42,8  11,41  Yugoslavia  -  1,4  1,4  0,37  Zaire  2,6  -  2,6  0,69        TOTAL  184,7  190,4  375,1  100,00       (1) Annual average for the period 1985 to 1987  of imports and exports of tin-in-concentrates and primary tin metal for countries which participated in the United Nations Tin Conference, 1988.


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31979D1004

79/1004/EEC: Council Decision of 23 November 1979 appointing an alternate member of the Advisory Committee on Social Security for Migrant Workers

Official Journal L 308 , 04/12/1979 P. 0024 - 0024

****( 1 ) OJ NO L 149 , 5 . 7 . 1971 , P . 2 .    COUNCIL DECISION   OF 23 NOVEMBER 1979   APPOINTING AN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS  ( 79/1004/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1408/71 OF 14 JUNE 1971 ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS AND THEIR FAMILIES MOVING WITHIN THE COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 82 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 15 OCTOBER 1979 APPOINTING THE MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS FOR THE PERIOD ENDING ON 14 OCTOBER 1981 ,   WHEREAS THE COUNCIL DECIDED ON THAT OCCASION TO APPOINT ONE PERSON TO FILL ONE ALTERNATE MEMBER ' S SEAT AVAILABLE TO A NATIONAL OF FRANCE IN THE EMPLOYER REPRESENTATIVES ' CATEGORY ;   HAVING REGARD TO THE NOMINATION SUBMITTED ON 14 NOVEMBER 1979 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR PIERRE DE LAMER IS HEREBY APPOINTED AN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS FOR THE REMAINDER OF THE COMMITTEE ' S TERM OF OFFICE , WHICH RUNS UNTIL 14 OCTOBER 1981 .   DONE AT BRUSSELS , 23 NOVEMBER 1979 .   FOR THE COUNCIL   THE PRESIDENT   R . MAC SHARRY


title: Council Decision 2011/621/CFSP of 21 September 2011 extending the mandate of the European Union Special Representative to the African Union

text:
               21.9.2011

               EN

               Official Journal of the European Union

               L 243/19

         COUNCIL DECISION 2011/621/CFSP
   of 21 September 2011
   extending the mandate of the European Union Special Representative to the African Union
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 31(2) and Article 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 6 December 2007, the Council adopted Joint Action 2007/805/CFSP (1) appointing Mr Koen VERVAEKE as European Union Special Representative ("EUSR") to the African Union ("AU"). His mandate expired on 31 August 2011.

               (2)

               Therefore, the mandate of the EUSR should be extended from 1 September 2011 until 30 June 2012.

               (3)

               The EUSR will implement his mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   The mandate of Mr Koen VERVAEKE as EUSR to the AU is hereby extended until 30 June 2012. The mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the High Representative ("HR").
   Article 2
   Policy objectives
   The mandate of the EUSR shall be based on the EU's comprehensive policy objectives in support of African efforts to build a peaceful, democratic and prosperous future as set out in the Joint Africa-EU Strategy. These objectives include:

               (a)

               enhancing the EU's political dialogue and broader relationship with the AU;

               (b)

               strengthening the EU-AU partnership in all areas outlined in the Joint Africa-EU Strategy, contributing to the development and implementation of the Joint Africa-EU Strategy in partnership with the AU, respecting the principle of African ownership and working more closely with African representatives in multilateral fora in coordination with multilateral partners;

               (c)

               working with, and providing support to the AU by supporting institutional development and strengthening the relationship between EU and AU Institutions, including through development assistance, to promote:

                           —

                           peace and security: predict, prevent, manage, mediate and resolve conflict, support efforts to promote peace and stability, support post-conflict reconstruction,

                           —

                           human rights and governance: promote and protect human rights; promote fundamental freedoms and respect for the rule of law; support, through political dialogue and financial and technical assistance, African efforts to monitor and improve governance; support growth of participatory democracy and accountability; support the fight against corruption and organised crime and further promote efforts to address the issue of children and armed conflict in all its aspects,

                           —

                           sustainable growth, regional integration and trade: support efforts towards interconnectivity and facilitate people's access to water and sanitation, energy and information technology; promote a stable, efficient and harmonised legal business framework; assist to integrate Africa into the world trade system, assist African countries to comply with EU rules and standards; support Africa in countering the effects of climate change,

                           —

                           investment in people: support efforts in the fields of gender, health, food security and education, promote exchange programmes, networks of universities and centres of excellence, address the root causes of migration.

         Furthermore, the EUSR will play a key role in implementing the Joint Africa-EU Strategy intended to further develop and consolidate the strategic partnership between Africa and the EU.
   Article 3
   Mandate
   In order to achieve the Common Foreign and Security Policy (CFSP)/Common Security and Defence Policy (CSDP) aspects of the objectives referred to in Article 2, the mandate of the EUSR shall be to:

               (a)

               strengthen the overall EU influence in, and coordination of, the Addis Ababa-based dialogue with the AU and its Commission, on the whole range of CFSP/ESDP issues covered by the EU-AU relationship, in particular the Peace and Security Partnership and support to the operationalisation of the African Peace and Security Architecture;

               (b)

               ensure an appropriate level of political representation, reflecting the importance of the EU as a political, financial and institutional partner of the AU, and the step change in that partnership necessitated by the growing political profile of the AU on the world stage;

               (c)

               represent, should the Council so decide, EU positions and policies, when the AU plays a major role in a crisis situation for which no EUSR has been appointed;

               (d)

               help achieve better coherence, consistency and coordination of EU policies and actions towards the AU, and contribute to enhance coordination of the broader partner group and its relation with the AU;

               (e)

               contribute to the implementation of the EU human rights policy relevant to the AU, including the EU Guidelines on human rights, in particular the EU Guidelines on Children and Armed Conflict as well as on violence against women and girls and combating all forms of discrimination against them, and the EU policy on Women, Peace and Security;

               (f)

               follow closely, and report on, all relevant developments at AU level;

               (g)

               maintain close contact with the AU Commission, other AU organs, missions of African Sub-regional organisations to the AU and the missions of the AU Member States to the AU;

               (h)

               facilitate the relations and cooperation between the AU and African Sub-regional organisations, especially in those areas where the EU is providing support;

               (i)

               offer advice and provide support to the AU upon request in the areas outlined in the Joint Africa-EU Strategy;

               (j)

               offer advice and provide support upon request to the building up of the AU's crisis management capabilities;

               (k)

               on the basis of a clear division of tasks, coordinate with, and support, the actions of EUSRs with mandates in AU Member States/Regions; and

               (l)

               maintain close contacts and promote coordination with key international partners of the AU present in Addis Ababa, especially the United Nations, but also with non-State actors on the whole range of the CFSP/CSDP issues covered by the EU-AU partnership.

         Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate acting under the authority of the HR.
   2.   The Political and Security Committee ("PSC") shall maintain a privileged link with the EUSR and shall be the EUSR's primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
   3.   The EUSR shall work in close coordination with the European External Action Service ("EEAS").
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 September 2011 to 30 June 2012 shall be EUR 715 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   Within the limits of his mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of his team.
   2.   Member States, institutions of the Union and the EEAS may propose the secondment of staff to work with the EUSR. The salary of such seconded personnel shall be covered by the EU Member State, the institution of the Union concerned or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State, institution of the Union or the EEAS and shall carry out their duties and act in the interest of the mandate of the EUSR.
   Article 7
   Privileges and immunities of the EUSR and his staff
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of his staff shall be agreed with the host party/parties, as appropriate. Member States and the Commission shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   The EUSR and the members of his team shall respect the security principles and minimum standards established by Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (2).
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union's delegations and/or Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   In accordance with the Union's policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with his mandate and on the basis of the security situation in his geographical area of responsibility, for the security of all personnel under his direct authority, notably by:

               (a)

               establishing a mission-specific security plan, providing for mission-specific physical, organisational and procedural security measures, governing the management of the secure movement of personnel to, and within, the mission area, and the management of security incidents, and providing for a contingency plan and a mission evacuation plan;

               (b)

               ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;

               (c)

               ensuring that all members of his team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area;

               (d)

               ensuring that all agreed recommendations made following regular security assessments are implemented and providing the Council, the Commission and the HR with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports.

         Article 11
   Reporting
   The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report as necessary to Council working parties. Regular written reports shall be circulated through the COREU network. Upon recommendation of the HR or the PSC, the EUSR may provide the Foreign Affairs Council with reports.
   Article 12
   Coordination
   1.   The EUSR shall promote overall Union political coordination. He shall help ensure that all Union instruments in the field are engaged coherently to attain the Union's policy objectives. The activities of the EUSR shall be coordinated with those of the Commission, as well as those of other EUSRs active in the region as appropriate. The EUSR shall provide regular briefings to Member States’ missions and the Union's delegations.
   2.   In the field, close liaison shall be maintained with the Heads of the Union delegations and Member States’ Heads of Mission who shall make best efforts to assist the EUSR in the implementation of the mandate. The EUSR shall also liaise with other international and regional actors in the field.
   Article 13
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the Council, the Commission and the HR with a progress report at the end of January 2012 and a comprehensive mandate implementation report at the end of the mandate.
   Article 14
   Entry into force
   This Decision shall enter into force on the day of its adoption.
   It shall apply from 1 September 2011.

      Done at Brussels, 21 September 2011.

            For the Council

            The President

         M. SAWICKI

      (1)  OJ L 323, 8.12.2007, p. 45.

      (2)  OJ L 141, 27.5.2011, p. 17.


title: 2012/545/EU: Decision of the European Parliament of 10 May 2012 on discharge for implementation of the European Union general budget for the financial year 2010, Section II — Council#Resolution of the European Parliament of 10 May 2012 with observations forming an integral part of the decision on discharge for implementation of the European Union general budget for the financial year 2010, Section II — Council

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/22

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge for implementation of the European Union general budget for the financial year 2010, Section II — Council
   (2012/545/EU)
   THE EUROPEAN PARLIAMENT,

               —

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

               —

               having regard to the annual accounts of the European Union for the financial year 2010 (COM(2011) 473 – C7-0258/2011) (2),

               —

               having regard to the Council’s annual report to the discharge authority on internal audits carried out in 2010,

               —

               having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2010, together with the institutions’ replies (3),

               —

               having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions, provided by the Court of Auditors for the financial year 2010 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to Article 314(10) and Articles 317, 318 and 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 (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,

               —

               having regard to Decision No 31/2008 of the Secretary-General of the Council/High-Representative for the Common Foreign and Security Policy concerning reimbursement of travel expenses of delegates of Council Members (6),

               —

               having regard to the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 17 May 2006 on budgetary discipline and sound financial management (7),

               —

               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 (A7-0095/2012),

               1.

               Postpones its decision on granting the Secretary-General of the Council discharge for implementation of the Council’s budget for the financial year 2010;

               2.

               Sets out its observations and reservations in the resolution below;

               3.

               Instructs its President to forward this decision and the resolution forming an integral part thereof to the Council, the Commission, the Court of Justice of the European Union, the Court of Auditors, the European Ombudsman and the European Data Protection Supervisor, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 64, 12.3.2010.

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

      (3)  OJ C 326, 10.11.2011, p. 1.

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

      (5)  OJ L 248, 16.9.2002, p. 1.

      (6)  Decision stemming from the Rules of Procedure of the Council of 22 July 2002 (OJ L 230, 28.8.2002, p. 7).

      (7)  OJ C 139, 14.6.2006, p. 1.

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 10 May 2012
      with observations forming an integral part of the decision on discharge for implementation of the European Union general budget for the financial year 2010, Section II — Council
      THE EUROPEAN PARLIAMENT,

                  —

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

                  —

                  having regard to the annual accounts of the European Union for the financial year 2010 (COM(2011) 473 – C7-0258/2011) (2),

                  —

                  having regard to the Council’s annual report to the discharge authority on internal audits carried out in 2010,

                  —

                  having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2010, together with the institutions’ replies (3),

                  —

                  having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions, provided by the Court of Auditors for the financial year 2010 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Article 314(10) and Articles 317, 318 and 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 (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,

                  —

                  having regard to Decision No 31/2008 of the Secretary-General of the Council/High-Representative for the Common Foreign and Security Policy concerning reimbursement of travel expenses of delegates of Council Members (6),

                  —

                  having regard to the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 17 May 2006 on budgetary discipline and sound financial management (7),

                  —

                  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 (A7-0095/2012),

                  1.

                  In keeping with its power to make use of the two deadlines in the discharge timetable in order, in this case, to explore the possibility of reaching an agreement with the Presidency-in-Office, postpones its decision on granting the Secretary-General of the Council discharge for implementation of the Council’s budget for the financial year 2010;

                  2.

                  Takes note of the fact that, in its annual report for 2010, the Court of Auditors concluded, based on its audit work, that the payments as a whole for the year ended 31 December 2010 for the administrative and other expenses of the institutions and bodies were free from material error; points out that the most likely error rate as regards administrative expenditure in general is estimated at 0,4 % (paragraphs 7.9 and 7.10);

                  3.

                  Acknowledges receipt of a series of documents for the 2010 discharge procedure (final financial statements for 2010, including the accounts, the financial activity report and the summary of the 2010 internal audits); is still awaiting all necessary documents for a discharge (including the full 2010 internal audit);

                  4.

                  Hopes that Parliament will receive the complete annual activity report; insists that the annual activity report also provides a comprehensive overview of all human resources available to the Council, broken down by category, grade, gender, participation in vocational training and nationality;

                  5.

                  Points out that in its 2010 annual report the Court of Auditors criticised the financing of the Residence Palace building project because of the advance payments (paragraph 7.19); notes that the Court of Auditors made the observation that during the period 2008-2010 advance payments made by the Council totalled EUR 235 000 000; notes that the amounts paid came from under-utilised budget lines; points out that ‘under-utilised’ is the politically correct term for ‘over-budgeted’; points out that in 2010 the Council increased the budget line for ‘Acquisition of immovable property’ by EUR 40 000 000;

                  6.

                  Notes the Council’s explanation concerning the fact that the appropriations were made available by budget transfers authorised by the budget authority in accordance with the procedures laid down in Articles 22 and 24 of the Financial Regulation;

                  7.

                  Shares the Court of Auditors’ view that such a procedure does not comply with the principle of budget accuracy, despite the savings made in paying rent;

                  8.

                  Notes the Council’s reply that the amounts for the budget lines for interpretation and delegations’ travel expenses should be more in line with the real consumption and calls for a better budgetary planning in order to avoid current practices in the future;

                  9.

                  Reminds the Court of Auditors of Parliament’s request to carry out an in-depth assessment of supervisory and control systems in the Council, similar to the assessments it carried out in relation to the Court of Justice, the European Ombudsman and the European Data Protection Supervisor in the course of preparation of the Court of Auditors’ annual report concerning the financial year 2010;

                  10.

                  Regrets the difficulties encountered in the discharge procedures for the 2007, 2008 and 2009 financial years, which were due to the unwillingness of the Council to engage in an open and formal dialogue with the Committee on Budgetary Control as well as to answer the questions of the Committee; points out that Parliament refused to grant the Secretary-General of the Council discharge for the implementation of the Council budget for the financial year 2009 for the reasons set out in its resolutions of 10 May 2011 (8) and 25 October 2011 (9);

                  11.

                  Reiterates its view that the European taxpayers have every right to expect that the entirety of the Union budget, including all the funds managed autonomously by its separate institutions and agencies, should be subject to full public scrutiny;

                  12.

                  Deplores the fact that, unlike the other Union institutions, the Council does not consider itself responsible for the use of the funds made available to it;

                  13.

                  Notes the flaw in the Council’s argument that granting discharge to the Commission should be interpreted as granting discharge to the entirety of the Union budget, including parts of the budget used by the Council, is demonstrated by its inconsistent adherence to the position that the Commission should not have the power to oversee and manage its budget; believes that the only logical resolution of this conflict is for Council either to invite the Commission to take control of its finances or to participate fully in a standard discharge procedure which must necessarily follow mutatis mutandis the full procedures followed for all the other institutions of the European Union;

                  14.

                  Reiterates that the Parliament is still waiting for the reply of the Council on the actions and request for documents set out in the two above mentioned resolutions; calls on the Secretary-General of the Council to provide Parliament’s committee responsible for the discharge procedure with comprehensive written answers to the following questions:

                              (a)

                              with regard to previous Council discharge debates in Parliament’s committee responsible for the discharge procedure, the Council did not attend these meetings regularly, however, it is considered of utmost importance that the Council attends in order to reply to committee members’ questions referring to the Council discharge. Does the Council agree to attend future debates on the Council discharge in Parliament’s committee responsible for the discharge procedure?

                              (b)

                              why does the Council change the presentation/the format of the internal audit every year? Why is the internal audit so short, generic and unclear every year? Will the Council for the 2010 discharge onwards please present the internal audit in (a) language(s) other than French?

                              (c)

                              has an external audit been carried out? If so, may Parliament’s committee responsible for the discharge procedure see it? If an external audit does not exist, why has the Council chosen not to make one?

                              (d)

                              until now, the activity of the Council implied co-financing with the Commission, which has experienced an increase after the entry into force of the Treaty of Lisbon. What audit and control systems have been put in place to ensure full transparency? Given that the Treaty of Lisbon increased the co-financing with the Commission, what is the Council’s understanding of ‘respond to the appropriate enquiries’?

                              (e)

                              the Court of Auditors, in its annual report 2009, found that in two out of six procurement procedures audited, the Council did not respect the rules of the Financial Regulation for the publication of the outcome of the procedure. Has the Council scrutinised more samples of similar procurements? Has the internal procedure been streamlined in order to avoid similar cases in the future?

                              (f)

                              staff of European Union Special Representatives (EUSRs): Please indicate the staff (all staff, establishment plan and others) — number of posts, grade — for the EUSRs in the Council for 2009. In which way and when will the EUSRs-staff posts be allocated between the Council and the European External Action Service (EEAS)? What was the travel budget for each of the EUSRs? How many of the EUSRs’ staff were transferred on 1 January 2011 to the EEAS? How many will remain with the Council and why?

                              (g)

                              the Council highlights budgetary questions concerning the consequences of the Treaty of Lisbon in point 2.2 in the financial activity report (11327/2010, FIN 278). Has the Council solved the problems concerning Mr Solana’s expenditures? What part of the expenditures falls under the Council budget and what part falls under the Commission budget?

                              (h)

                              what were the operational expenditures, administrative expenditures, staff, buildings, etc. envisaged by the Council for 2009 in order to set up the High Representative/Vice President of the Commission (HR/VP)?

                              (i)

                              the HR/VP came into office on 1 December 2009. How was the cost distributed between the Council and the Commission (for staff, travel, etc.)? How did the Council prepare the budget for the HR/VP for 2010? Which budget lines and sums were reserved for her activities?

                              (j)

                              how will office space released in the process of staff transfer to the EEAS influence Council’s plans on buildings? Have arrangements been made for the subsequent use of such office space? What is the anticipated cost for the removals? When were calls for tenders for the removals (if any) published?

                              (k)

                              what was the administrative and operational expenditure related to the Common Foreign and Security Policy (CFSP)/Common Security and Defence Policy (CSDP) tasks, which were at least part- financed from the Union budget in 2009? What was the total amount of CFSP expenditure in 2009? Could the Council identify at least the main missions and their cost in 2009?

                              (l)

                              what was the cost of meetings for Council working groups on CFSP/CSDP in Brussels and elsewhere and where did these meetings take place?

                              (m)

                              what was the administrative expenditure relating to the implementation of the European Security and Defence Policy (ESDP)/CSDP military operations? What share of the total amount of expenditures arising from military operations has been charged to the Union budget?

                              (n)

                              what was the administrative expenditure implemented for the operation of the ‘ATHENA’ mechanism, how many posts were needed for that mechanism, will any of the posts in question be transferred to the EEAS? To whom will the postholders report?

                              (o)

                              there is a low occupation rate of posts in the Council’s establishment plan (91 % in 2009, 90 % in 2008). Does this consistently low rate cause any repercussions on how the Council’s General Secretariat (CGS) functions? Can the CGS perform all its functions with the current occupation rate? Are lower occupation rates specific to any particular services? What are the reasons for the persistent discrepancy?

                              (p)

                              what is the total number of posts assigned to the task of ‘policy coordination’ and administrative support (as defined in the Commission’s annual staff screening reports)? What percentage of the overall number of posts do these represent?

                              (q)

                              to achieve the administrative objectives in 2009 the Council added teleworking to its working procedures. How does the Council prove the efficiency of this working procedure? In addition, the Council is asked to report on further measures taken in this respect and in particular those to improve the quality of financial management as well as their impact;

                              (r)

                              the Council increased its posts by 15 (8 AD and 7 AST) to cover the staffing requirements of the Irish language unit. How many staff members deal with other languages (staff per language)? Are there already staff employed for and from the applicant countries? If the answer is in the affirmative — how many posts are concerned (separated per country and language)?

                              (s)

                              the ‘Reflection Group’ was established on 14 December 2007, and its members appointed on 15-16 October 2008. What were the reasons why the necessary financing could not have been envisaged and included in Budget 2009? Is a transfer in Budget 2009 from the contingency reserve to a budget position financing a structure conceived in 2007 strictly budget neutral? The Council earmarked EUR 1 060 000 for the ‘Reflection Group’. How many posts can be allocated to this group?

                              (t)

                              the expenditures concerning travel delegations still seem to be problematic (cf. Council note 15 June 2010, SGS10 8254, II bullet, page 4). Why do these expenditures appear in so many different budget lines?

                              (u)

                              why does the internal audit still find it necessary to add ‘les frais de voyage des délégués et les frais d’interprétation’ (delegates’ travelling expenses and interpretation expenses) after strong criticism in the last two resolutions from Parliament on the Council discharge?

                              (v)

                              the Council again has used underspending on interpretation to provide extra financing for delegations’ travel expenses; as a result, actual 2009 commitments for travel expenses amounted to considerably less than the initial budget, and less than half of the amount available after the transfer (EUR 36 100 000 initial and EUR 48 100 000 available after transfer against EUR 22 700 000 committed).What were the reasons for this EUR 12 000 000 transfer (cf. the financial activity report — 11327/2010, FIN 278 -point 3.3.2-VI bullet)?? Why is the transfer from interpretation to delegates’ travelling expenses estimated at EUR 12 000 000 by the Council at page 12 and at EUR 10 558 362 at page 13? What has the remaining amount transferred from interpretation been spent on (the total amount transferred from interpretation is EUR 17 798 362)? In addition, the Council is asked to explain the large amount of recovery orders made before 2009 and carried over to 2009 (EUR 12 300 000) as well as recoveries made from declarations relating to 2007 (EUR 6 300 000);

                              (w)

                              in 2009 the Council, as it did in 2008, reallocated a considerable amount of its budget to buildings, in particular, more than doubling the initial allocations to the acquisition of the Residence Palace (reallocated EUR 17 800 000 in addition to EUR 15 000 000 earmarked in Budget 2009). What are the reasons for this? Can the CGS provide concrete figures of the savings achieved as a result of this? What was the initially projected cost of the Residence Palace Building? Does the Council think the initially projected cost will be accurate or could the cost be higher than estimated? What steps are envisaged to finance the building?

                              (x)

                              implementation of the Council budget — appropriations carried over: Could the Council present the estimated amount and subject of the invoices which were not received by June 2010 for the year 2009 and therefore carried over?

                              (y)

                              the carry-over to 2010 of the appropriations of assigned revenues accrued in 2009 amounted to EUR 31 800 000. This is about 70 % of the assigned revenue for 2009. What are the reasons for this high carry-over ratio? What will happen/has happened to this revenue in 2010?

                              (z)

                              what does ‘technical provision of EUR 25 000 000 for the launch of the European Council 2010’ mean? (cf. the financial activity report — 11327/2010, FIN 278 — point 3.1, IV bullet);

                              (aa)

                              what is the level of confidentiality of the Council budget specified by the different budget lines?

                              (ab)

                              can the Council point out the specific measures taken to improve the quality of the Council’s financial management, in particular as regards the points raised in paragraph 5 of Parliament’s resolution of 25 November 2009 (10) accompanying its decision on discharge to the Council for the financial year 2007?

                              (ac)

                              Calls on the Secretary-General of the Council to provide Parliament’s Committee responsible for the discharge procedure with the following documents:

                                          —

                                          the full list of budgetary transfers concerning the 2009 Council budget,

                                          —

                                          a written statement on the Council’s mission expenses as carried out by the EUSRs,

                                          —

                                          the Members States’ declaration for 2007 (cf. the financial activity report — 11327/2010, FIN 278 — point 3.2.2, II bullet), and

                                          —

                                          the report of the ‘Reflection Group’ in order to understand why such a report costs EUR 1 060 000 (cf. the financial activity report — 11327/2010, FIN 278 — point 2;

                  15.

                  Notes the Commission’s reply of 25 November 2011 to the letter from the Chair of the Committee on Budgetary Control, in which the Commission says it is desirable for Parliament to continue to give, postpone or refuse discharge to the other institutions as has been the case up until now;

                  16.

                  Points out that on 31 January 2012 the Chair of the Committee on Budgetary Control sent a letter to the Presidency-in-Office of the Council, stating his wish to establish political dialogue and forwarding supplementary questions from the Committee on Budgetary Control on discharge to the Council; hopes therefore that the Council will provide to the competent committee for the discharge procedure a reply to the questionnaire -attached to the Chair’s letter- before the plenary debate;

                  17.

                  Regrets, however, that the Council refused to attend any official meeting of the Committee on Budgetary Control related to its discharge;

                  18.

                  Emphasises the right of Parliament, on the Council’s recommendation, to grant discharge in accordance with the procedure laid down in the Treaty on the Functioning of the European Union, which must be interpreted in the light of its context and purpose, which is to submit the implementation of the entire budget of the European Union to parliamentary control and scrutiny without exception, and to grant discharge autonomously, not only in respect of the section of the budget implemented by the Commission, but also in respect of the sections of the budget implemented by the other institutions, as referred to in Article 1 of the Financial Regulation;

                  19.

                  Notes that the Council ought to be transparent and fully accountable to the European citizens for the funds entrusted to it as a Union institution; insists that this means the Council must participate fully and in good faith in the annual discharge process:

                              —

                              by responding in detail to the annual questionnaire prepared by the relevant parliamentary Committee,

                              —

                              by participating in any public hearing organised by the Committee as requested,

                              —

                              by being represented at all relevant meetings of the Committee when the discharge is under discussion;

                  20.

                  Believes the inter-institutional cooperation between Parliament and the Council to be of outmost importance in supervising the implementation of the Union budget; in this respect, asks the Council to provide the answers to the pending questionnaire submitted by Parliament;

                  21.

                  Calls on the Council to discuss the annual discharge for the general budget of the Union in a public part of the Council meeting.

         (1)  OJ L 64, 12.3.2010.

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

         (3)  OJ C 326, 10.11.2011, p. 1.

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

         (5)  OJ L 248, 16.9.2002, p. 1.

         (6)  Decision stemming from the Rules of Procedure of the Council of 22 July 2002 (OJ L 230, 28.8.2002, p. 7).

         (7)  OJ C 139, 14.6.2006, p. 1.

         (8)  OJ L 250, 27.9.2011, p. 25.

         (9)  OJ L 313, 26.11.2011, p. 13.

         (10)  OJ L 19, 23.1.2010, p. 9.


title: 2011/768/EU: Council Decision of 27 October 2011 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and Australia pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union#Agreement in the form of an Exchange of Letters between the European Union and Australia pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union

text:
               30.11.2011

               EN

               Official Journal of the European Union

               L 317/6

         COUNCIL DECISION
   of 27 October 2011
   on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and Australia pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union
   (2011/768/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(6)(a)(v) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               On 29 January 2007 the Council authorised the Commission to open negotiations with certain other Members of the World Trade Organisation under Article XXIV:6 of the General Agreement on Tariffs and Trade (GATT) 1994 in the course of the accessions to the European Union of the Republic of Bulgaria and Romania.

               (2)

               Negotiations have been conducted by the Commission within the framework of the negotiating directives adopted by the Council.

               (3)

               These negotiations have been concluded and the Agreement in the form of an Exchange of Letters between the European Union and Australia pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union (the Agreement) was initialled on 15 June 2010.

               (4)

               The Agreement was signed on behalf of the Union on 24 May 2011, subject to its conclusion at a later date, in accordance with Council Decision 2011/247/EU (1).

               (5)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement in the form of an Exchange of Letters between the European Union and Australia pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union (the Agreement) is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to give, on behalf of the Union, the notification provided for in the Agreement (2).
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 27 October 2011.

            For the Council

            The President

         J. MILLER

      (1)  OJ L 104, 20.4.2011, p. 1.

      (2)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

      AGREEMENT
      in the form of an Exchange of Letters between the European Union and Australia pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union
      Done at Geneva, 24 May 2011
      Sir,
      Following negotiations under Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of the Schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union, I have the honour to propose the following:

                  1.

                  The European Union will incorporate in its schedule, for the customs territory of the EU 27, the concessions granted and applied for the EU 25 with the following modifications:

                              Add 400 tonnes (carcase weight) to the allocation for Australia under the EU tariff rate quota ‧meat of sheep or goats, fresh, chilled or frozen‧, maintaining the present in-quota rate of 0 %;

                              Create an erga omnes allocation of 200 tonnes (carcase weight) under the EU tariff rate quota ‧meat of sheep or goats, fresh, chilled or frozen‧, maintaining the present in-quota rate of 0 %;

                              Adjust the EU tariff rate quota ‧live sheep, other than pure-bred breeding animals‧, with an in-quota rate 10 %, by removing the allocations of 1 010 tonnes (Romania) and 4 255 tonnes (Bulgaria);

                              Adjust the EU tariff rate quota ‧meat of sheep or goats, fresh, chilled or frozen‧, with an in-quota rate 0 %, by removing the allocations of 75 tonnes (Romania) and 1 250 tonnes (Bulgaria).

                  2.

                  The European Union will ensure that the full additional allocation of 400 tonnes for Australia under the EU tariff rate quota ‧meat of sheep or goats, fresh, chilled or frozen‧, is available in the first annual quota period which applies on the date of entry into force of the agreement, and in each annual quota period thereafter.

                  3.

                  Australia accepts the European Union's approach to netting-out of tariff rate quotas as a way of adjusting the GATT obligations of the EU 25 and those of the Republic of Bulgaria and Romania following the recent enlargement of the European Union.

                  4.

                  Consultations may be held at any time with regard to any of the above matters at the request of either Party.

            I should be obliged if you would confirm that your Government is in agreement with the content of this letter. Should this be the case, this letter and your confirmation will together constitute an Agreement in the form of an Exchange of Letters between the European Union and Australia.
      The European Union and Australia will notify to each other the completion of their internal procedures for the entry into force of the Agreement. The Agreement will enter into force 14 days after the date of the latest notification.
      Please accept, Sir, the assurance of my highest consideration.

            For the European Union

      Done at Geneva, 24 May 2011
      Sir,
      I have the honour to acknowledge receipt of your letter of today's date, which reads as follows:
      ‧Following negotiations under Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of the Schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union, I have the honour to propose the following:

                  1.

                  The European Union will incorporate in its schedule, for the customs territory of the EU 27, the concessions granted and applied for the EU 25 with the following modifications:

                              Add 400 tonnes (carcase weight) to the allocation for Australia under the EU tariff rate quota "meat of sheep or goats, fresh, chilled or frozen", maintaining the present in-quota rate of 0 %;

                              Create an erga omnes allocation of 200 tonnes (carcase weight) under the EU tariff rate quota "meat of sheep or goats, fresh, chilled or frozen", maintaining the present in-quota rate of 0 %;

                              Adjust the EU tariff rate quota "live sheep, other than pure-bred breeding animals", with an in-quota rate 10 %, by removing the allocations of 1 010 tonnes (Romania) and 4 255 tonnes (Bulgaria);

                              Adjust the EU tariff rate quota "meat of sheep or goats, fresh, chilled or frozen", with an in-quota rate 0 %, by removing the allocations of 75 tonnes (Romania) and 1 250 tonnes (Bulgaria).

                  2.

                  The European Union will ensure that the full additional allocation of 400 tonnes for Australia under the EU tariff rate quota "meat of sheep or goats, fresh, chilled or frozen", is available in the first annual quota period which applies on the date of entry into force of the agreement, and in each annual quota period thereafter.

                  3.

                  Australia accepts the European Union's approach to netting-out of tariff rate quotas as a way of adjusting the GATT obligations of the EU 25 and those of the Republic of Bulgaria and Romania following the recent enlargement of the European Union.

                  4.

                  Consultations may be held at any time with regard to any of the above matters at the request of either Party.

            I should be obliged if you would confirm that your Government is in agreement with the content of this letter. Should this be the case, this letter and your confirmation will together constitute an Agreement in the form of an Exchange of Letters between the European Union and Australia.
      The European Union and Australia will notify to each other the completion of their internal procedures for the entry into force of the Agreement. The Agreement will enter into force 14 days after the date of the latest notification.‧.
      I have the honour to express my Government's agreement with the above letter.
      Please accept, Sir, the assurance of my highest consideration.

            For the Government of Australia